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(영문) 대전지방법원 논산지원 2018.07.12 2017가단21117
분묘굴이 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Personal relations 1) F is G (in the case of a certified copy, the name is “H”.

) G is the south of the Republic of Korea and I. G died on December 24, 1969, and I died on April 13, 1978. 2) F was composed of K, South Korea, and Defendant D, South Korea, etc. between J and J, and K died on April 29, 1985, and F died on September 9, 2005.

3) Defendant C is K’s south. B. The current status F of the instant forest is the death of G and I husband and wife, and as the Plaintiff died, the Defendant C’s grave located in the same couple (hereinafter “instant grave”) on the part 1 (a) (a) of the instant forest that connects each point of the attached Table 1 through 6, and 1,28 square meters in sequence among the instant forest land.

(C) The descendants of the above couple installed the instant grave, from that time to that time, have occupied the base of the instant grave in peace and openly. C. L on February 28, 197, completed registration of preservation of ownership as to the instant forest land on February 28, 197.

2) On May 25, 1992, Plaintiff A completed the registration of transfer of ownership on May 14, 1992 with respect to the forest of this case on the grounds of sale and purchase on May 14, 1992. 3) M purchased from Plaintiff A on March 28, 2001 the share of 1684/2852 out of the forest of this case and completed the registration of transfer of ownership.

As M dies on August 7, 2001, Plaintiff B completed the registration of ownership transfer on July 2, 2004 due to inheritance by agreement division.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Eul 2, 4 through 6 and images, the survey and appraisal results by the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination as to the cause of action

A. In order to file a claim for removal of a grave based on ownership of forests and fields, it is reasonable to view that the installation of a grave was accumulated and the person holding the right to manage and dispose of the grave, and that the right to protect and manage the grave of a ship generally exists to his/her descendants, except in special circumstances where he/she is unable to maintain his/her status as the person in charge of the removal of the grave, except in cases where he/she is a son

Supreme Court Decision 201Da448 delivered on September 5, 1997

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