logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2019.02.07 2017가단58463
분묘기지권 확인청구
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached sheet No. 19,20,21, 22. The Plaintiff (Counterclaim Defendant) on the attached sheet No. 19, 20, 22.

Reasons

1. Basic facts

A. The Plaintiff owned a net D (Death on January 1, 1950), which is a father of the Plaintiff (hereinafter “the instant forest”). E purchased this and completed the registration of ownership transfer.

B. The Defendant’s father, who is the Dong Dong-dong and the Defendant’s father, purchased the forest land of this case from E again and completed the registration of ownership transfer on July 15, 1972. The Defendant completed the registration of ownership transfer on September 10, 1980 on the forest land of this case by agreement and division on January 20, 1978.

C. Of the forest land of this case, the annexed appraisal is attached to the attached Table 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 19 and attached Table 386 square meters on the ground of “B” connected with each of the points in the order, among the land of this case, the grave 9 (hereinafter “each of the instant graves”) for vessels from 11st “H” to 17th “D”, which is the Plaintiff’s lighting. The Plaintiff is a son.

Each of the instant graves was installed around the time of the death of a vessel, and among which those graves last installed, are the 17th “D” graves (Death on January 1, 1950).

E. The network D and the network F are interrelated factors. The plaintiff is the grandchildren of the network D, the defendant is the son of the network F, and the plaintiff and the defendant are the five degrees of relationship.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2, 4, and 5, result of a request for surveying appraisal, the purport of the whole pleadings

2. Summary of parties' arguments;

A. The Plaintiff’s each of the instant graves was installed with the permission of the owner of the instant forest at the time of the Plaintiff’s ancestor’s death, and the Plaintiff, as a son, was the guardian of each of the instant graves, and thus, has the right to grave base.

Even if the right to grave base is not recognized by the consent, the deceased F, the father of the Plaintiff, and the Plaintiff occupied each of the instant graves in peace and openly, as a son, over 20 years from the day after he acquired the ownership of the instant forest and land. Therefore, the right to grave base was acquired by prescription.

B. The defendant as the chief citizen of the defendant clan.

arrow