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1. The lawsuit among plaintiffs B shall be dismissed.
2. The plaintiff A's claim is dismissed.
3. The costs of the lawsuit shall be borne by the plaintiff A.
Reasons
1. Facts of recognition;
A. A. Around March 13, 2010, the Defendant moved three graves owned by the Defendant located in the Seoul Special Self-Governing Province, Jeonju-gun into the 20,529 square meters of forest E-Gun, Jeonju-gun (hereinafter “instant forest”).
B. The Plaintiff asserted that “the Defendant excavated the 24th vessel G’s graves and the 26th vessel H’s graves (hereinafter “the grave of this case”) located on the land of the instant case, which is owned by the Plaintiff clan without the Plaintiff’s permission, and abandoned the remains of the said vessel at the same place, and then created the Defendant’s family graves at the same time.” The Defendant filed a criminal complaint against the Defendant for suspicion of the excavation, etc. of graves at the former District Prosecutors’ Office. On November 18, 2010, the Defendant was issued a summary order with the Jeonju District Court as a violation of the Mountainous Districts Management Act, but filed a request for formal trial on the said grave.
C. On April 13, 2011, the aforementioned court sentenced the Defendant to a fine of KRW 1 million on the criminal facts that “the Defendant, without obtaining permission for conversion of a mountainous district, converted a mountainous district into a mountainous district without obtaining permission from the competent authority, for the purpose of changing the two cemeterys located in the forest of 08:0 to 14:00 on March 13, 2010, and the three memorial cemeterys located in the D Park Cemetery in the Jeonbuk-gun-gun, Jeonbuk-gun, North, into one parcel of land outside the forest of this case, to a size of approximately 640 square meters on the above land (the Jeonju District Court 2010Da1278),” and the said judgment became final and conclusive on April 21, 2011.
On August 24, 2016, the defendant had already been in the forest owned by the defendant 5th degree of J in the forest of this case, and had already been in the forest of this case under the management of the plaintiff A around March 24, 2016, the defendant had been in mind of moving the defendant's father, steering division, and increased portion of the grave on the spot.
Therefore, between March 0, 2010 and 17:00, the Defendant laid the remains of each of the instant graves by using the digging season and insertion without the consent of the Plaintiff A in the forest of this case.