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(영문) 수원지방법원 2016.08.10 2015가단23624
토지인도
Text

1. The defendant shall display the annexed drawings among the 4,066 square meters of C Forest land in the time of harmony to the plaintiff, 1, 2, 3, 4, 5, and 6, respectively.

Reasons

1. Facts of recognition;

A. On July 20, 2012, the Plaintiff completed the registration of transfer of ownership based on a donation made on July 19, 2012, with respect to C Forest No. 4,066 square meters (hereinafter “the instant forest”).

B. Upon the death of the network D on June 3, 1980, the Defendant, a South-North of the network, established a grave (attached Form D) located in a part of 107 square meters in the ship connected with each point in sequence 1, 2, 3, 4, 5, 6, 1, and 107 square meters of the forest of this case among the forest of this case.

C. As the wife of the network D and the Defendant’s mother-friendly net E died in around 1998, the Defendant, around March 1998, set up a grave of deceased E (attached Form No. 4) at a size of 107 square meters in the above part of 107 square meters in the ship.

The defendant, the south of the network D and the network E, has been stationed in the history of the deceased D and E while protecting the deceased D and the network E graves (hereinafter referred to as each of the instant graves) up to now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2 (including, if any, various numbers) and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring special circumstances, the Defendant, the presiding official of the company, as the deceased D and E, is obligated to excavate each of the instant graves to the Plaintiff seeking the removal of interference based on the ownership of the instant forest land, barring special circumstances.

3. The Defendant’s assertion on the right to grave base asserts that the Defendant acquired the right to grave base of each of the instant graves by setting up the deceased D’s graves around June 198 and occupying the deceased E’s graves in peace and public performance around 1998, respectively.

Where a grave is installed on another’s land without the consent of the owner, the right to grave base, which is a customary real right similar to superficies, shall be acquired by prescription, if a grave is installed in peace and openly for twenty years.

The right to grave base is recognized only when it has such a form as to recognize the existence of a grave from the outside, such as a bed.

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