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(영문) 광주지방법원순천지원 2017.08.08 2016가단76784
분묘철거 등 청구의 소
Text

1. The defendant is marked 1, 2, 3, 4, 5, 6, 7, 8, 9, 10. 1 of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10

Reasons

1. Basic facts

A. Plaintiff A is the owner of Da, Jeonnam-gun, and Plaintiff B is the owner of Da, Jeonnam-gun E.

Plaintiff

A and the non-party F are in South Korea, and the defendant is the largest of F's children, the husband of F in the net G, and the deceased H is the deader of F in the future.

B. From July 2015, the Defendant, from around 2015, installed and occupied a net G grave with a 211 square meter indicated in the attached Form No. 211 square meters, and a net H grave with a 54 square meter indicated in the attached Form No. 8 (2) (hereinafter “each of the instant graves”).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant is obligated to remove each of the instant graves to the plaintiffs and deliver each of the lands to each of the plaintiffs, except in extenuating circumstances.

B. Although the defendant alleged that the above graves were installed with the consent of the plaintiffs, the evidence submitted by the defendant alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

3. The plaintiffs' claim for conclusion is justified and acceptable.

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