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(영문) 전주지방법원정읍지원 2019.10.15 2018가단13071
분묘굴이
Text

1. In order to the Plaintiff, the Defendant indicated in the attached Form No. 5, 6, 7, 8, and 5 among the 13,884 square meters of C Forest land in Jung-gu, Jung-gu.

Reasons

Basic Facts

On August 19, 1971, with respect to the land of 13,884 square meters (hereinafter referred to as “instant land”) in Jung-Eup-Eup-si, registration of ownership preservation has been made in D on August 19, 1971, and on January 8, 2018, registration of ownership transfer was made in E on March 20, 2018.

E completed the registration of ownership transfer on October 12, 2018 with respect to the instant land on April 7, 2018.

Among the land in this case, on the ground of “cine” portion connected with each point of the 5, 6, 7, 8, and 5, the following: (a) on the ground of the Defendant’s father’s “cine” portion, the Defendant’s father’s grave value, 9, 10, 11, 12, and 9, the Defendant’s mother’s grave value on the ground of the same drawings; and (b) on the instant grave and the instant grave, the tombstone (hereinafter “the instant grave, tombstone, and tombstone”) each of the instant graves.

Since the establishment of the instant grave, etc. in around 2009, the Defendant, who is the president of the deceased F, has protected and managed the instant grave, etc. in such a way as to maintain and manage the grave, etc.

[Ground of recognition] In light of the facts without dispute, Gap 1, 2, Eul evidence Nos. 1, and Eul evidence No. 1, and the result of the appraisal commission to the head of the Korea Land Information Corporation and the head of the Eup branch office of the Korea Land Information Corporation to this court, the defendant is obligated to excavate the plaintiff's ground graves connected in order to the plaintiff's each point of 5, 6, 7, 8, and 5 of the annexed drawings among the land in this case, and to remove graves on the ground connected in order to each point of 9, 10, 11, 12, and 9 of the same drawings, and remove tombs on the ground of the aforementioned grave and tombstones, remove the above grave and tombstones, and deliver the land to the plaintiff for the above "three-party" or "fourthd land."

The judgment of the defendant on the defendant's assertion has been established since the defendant installed the grave of this case with the consent from the network D where the landowner of this case was the owner of this case, and the right to graveyard by the landowner's consent.

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