(영문) 의정부지방법원고양지원 2015.07.16 2014가단15333

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Reasons

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(영문) 의정부지방법원고양지원 2015.07.16 2014가단15333

분묘굴이 등

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on April 9, 2009, and the Defendant is the south of the deceased.

B. The Defendant installed a decedent’s grave (hereinafter “instant grave”) on the ground of the 92849mm2 (hereinafter “the instant forest”) in Pakistan-si, Gyeonggi-do, where the Dong G of the Deceased, whose representative director is H Co., Ltd. (hereinafter “H”), such as a drawing indication, on the ground of the 92849m2 (hereinafter “the instant forest”).

C. On August 8, 2013, the Plaintiffs completed the registration of ownership transfer with the shares of 1/3 each on the grounds of sale as of July 29, 2013 with respect to the forest of this case.

The defendant presides over the deceased's death in the grave of this case.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and the result of the survey and appraisal of appraiser I by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that as the owner of the land of this case, the plaintiff sought the digging of the grave of this case and the transfer of the land of this case against the defendant as the claim for exclusion of disturbance, and the defendant asserts that the right to grave base was established on the grave of this case.

B. According to the above facts of recognition as to the cause of claim, the plaintiff is the owner of the land of this case, barring special circumstances, the defendant is obligated to excavate the grave of this case to the plaintiff and deliver the occupied portion to the plaintiff.

C. In a case where the land which is the base for determining the right to grave base is owned by a person, other than the owner of a grave, if the owner of the land consents to the establishment of a grave against the owner of the grave, the right to the site of the grave shall be deemed to have established the right to the real right similar to superficies for the owner of the grave. In such a case, the owner of the land shall be bound to limit the exercise of ownership in the part of the land on which the grave base was the base for the protection and management

Supreme Court Decision 200Hun-Ga40 delivered on September 26, 2000

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