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Plaintiff
A The litigation of the branch shall be dismissed.
2. Of the 6,149 square meters of E forest land in Yangju, indication 16, 17, 18, 19, 20, 21 of the annexed drawings.
Reasons
1. Basic facts
A. Plaintiff A’s final family council (hereinafter “Plaintiff A’s final family council”) is a final family council with F as a Si group.
(b)F’s line includes G’s wife H, G’s I, J, K and J’s children L, M and I’s own descendants, and F andO for L’s children.
The F is P, Q (name R), and S (name T), and the Defendant is the grandchildren of P, Plaintiff B is the grandchildren of Q, Plaintiff Q, and Plaintiff C is the grandchildren of S.
다. 양주시 E 임야 6,149㎡(이하 ‘이 사건 토지’라 한다) 중 별지 도면의 ㉠ 부분에는 J 및 U의 합장분묘가, ㉡ 부분에는 H 분묘가, ㉢ 부분에는 I 및 U의 합장 분묘가, ㉣ 부분에는 N 및 V의 합장분묘가, ㉤ 부분에는 L 및 W의 합장분묘가, ㉥ 부분에는 K 및 U, X의 합장분묘가, ㉦ 부분에는 M 및 Y의 합장분묘가, ㉧ 부분에는 F 및 Z의 합장분묘가, ㉨ 부분에는 S의 처 AA의 분묘가, ㉩ 부분에는 Q 및 AB의 합장분묘가, ㉪ 부분에는 O 및 AC, AD의 합장분묘가 각 설치되어 있다. 라.
Plaintiff
C, from September 10, 1976, occupied the base of the part on the part of the period of election of the National Assembly members, which is a grave A, and presideed over the history. The plaintiff B occupied the base of Q and AB joint grave from around December 11, 1982, which is the foundation of Q and AB joint grave.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 9, 10, 11 and 12, and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiffs' clan Jong-dong association occupied the respective bases of H and I, J, K, K, L, M, and O graves, the plaintiff Lee Q and AB graves, and the plaintiff Lee Byung-dong by way of peaceful performance for 20 years. Accordingly, each right to grave base was acquired by prescription.
B. Inasmuch as it is invalid that Defendant B’s extraordinary meeting and subsequent general meeting of Plaintiff C-Friendly Council that appointed Plaintiff B as the extraordinary meeting is not subject to lawful procedures, the filing of the lawsuit by Plaintiff C-Friendly Council is unlawful.
3. The representative of a clan to determine the previous defense of the clan shall be appointed in accordance with the rules or practices of the clan, if any.