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(영문) 전주지방법원 남원지원 2018.10.10 2016가단10712
토지인도
Text

1. The Defendant shall provide the Plaintiff with a reference title 13, 2, 14, and 13, respectively, among the land area of 512 square meters (attached Form) in Namwon-si, Namwon-si.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 1/2 share of C forest land in Nam-si, Namwon-si (hereinafter “instant forest”).

B. The Defendant, as the owner of 1/2 shares of D Forest No. 198 square meters, adjacent to the instant forest and field, created a grave E on the land of the said forest and field in around 1997 after his husband, who was his husband, buried a grave E, and installed his grave on the next side (hereinafter “instant grave”).

The defendant directly manages the funeral of this case until now.

C. In the case where part of the body stone in the instant cemetery is located in the area of one square meter in the part (b) inside the ship (hereinafter “the part of the body stone in this case”) connected with each point of 13, 2, 14, and 13 in the order of reference among the appraisal maps in Namwon-si, Namwon-si. The Defendant uses the body stone in the graveyard of 27 square meters in the same reference among the forest land in this case (hereinafter “the part of the body stone in this case”) in the order of 12, 13, 13, 2, 15, 16, 17, and 2 in the same reference among the forest land in this case.

[Ground of recognition] Gap evidence Nos. 1 through 5 (including the number of branches), Eul evidence Nos. 1 through 3, the result of the on-site verification by this court, the result of appraiser F's appraisal by the appraiser F, the result of the appraisal commission to the South Korean National Land Information Corporation branch, the purport of the whole pleadings

2. According to the facts based on the determination as to the cause of the claim, the Defendant established a tombstone in the part of the instant tombstone and occupied the part of the instant tombstone in possession, thereby infringing on the Plaintiff’s ownership of each of the above parts of the forest land in this case. Thus, barring any special circumstance, the Plaintiff seeking preservation as co-owned share holder is obliged to remove the tombstones installed in the part of the instant tombstones and deliver the part of the instant tombstones to the Plaintiff.

However, as to the defendant, the part of the cemetery compensation award of this case against the defendant.

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