1. The Plaintiff:

A. Defendant B is one of the categories indicated in the separate sheet No. 31, 32, 33, 34, and 31 among the forest land C in Gunsan-si 10,241 square meters.

1. Facts of recognition;

A. E purchased forest land as indicated in the text from F on July 4, 1979, and donated forest land to the Plaintiff, a spouse, on March 11, 2005.

나. F은 E에게 임야를 매도할 당시 주문 기재 분묘 4개(㉠, ㉡, ㉢, ㉣)를 가묘로 설치하였다.

C. G, F’s South dynamics, died on June 6, 2004, and was buried in the Korean War War War Veterans.

Defendant H and D (Nam) are children of G. D.

The F died on October 13, 201.

The remainder of the defendants except the defendant H and D are F's spouse, children, sins, grandchildren, etc., and Defendant B is the defendant H and D.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, on-site inspection and survey appraisal result, the purport of the whole pleadings

2. Determination on the cause of the claim

가. 살피건대, 원고 소유 임야에 현재 F이 설치한 가묘 3개(㉠, ㉢, ㉣)와 G이 매장된 분묘 1개(㉡)가 설치되어 있는 사실은 앞서 인정한 바와 같다.

Therefore, the Plaintiff sought the removal of the above cemetery and grave and delivery of the part of the woodland by exercising the right of exclusion of interference based on ownership. Thus, if there are no circumstances to recognize the land use right to oppose the landowner, Defendant D, who is the authorized administrator of the protection of the buried grave G, as the south of G, has the duty to remove the tomb of Madden and deliver the part of the woodland to the owner of the land.

(See Supreme Court Decision 87Meu414, 415 Decided November 22, 198). In addition, as in the case of a grave, our unique custom on ancestor worship as well as the legal principles based on such custom should be applied. Thus, Defendant B, who is the head of the F who installed a grave, has the duty to remove a grave installed by F and deliver part of the forest.

B. On the other hand, the Plaintiff sought removal of a grave and delivery of forest land against the inheritors of F except Defendant B, and sought removal of a grave and delivery of forest land against Defendant H, but the right to manage and dispose of a grave and a grave for a funeral is against the south.