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(영문) 수원지방법원 2016.06.15 2015가단23402
손해배상(분묘발굴)
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from June 16, 2016 to the date of complete payment.

Reasons

1. Evidence 【Evidence】1-1, 2, A2-1 through 9, A3-1 through 3, A4-1 through 5, A5, B-1, B-2, witness C’s testimony and the purport of the whole pleadings;

A. The Defendant completed the registration of initial ownership on October 10, 1994 with respect to the land of 661 square meters in Yong-gun, Youngnam-gun D, Youngnam-gun.

On July 9, 1951, the defendant Lober land E died, and there was five graves for the defendant, including E, in the above forest land.

Meanwhile, on January 12, 1995, F completed the registration of transfer of ownership in the name of Dongdong H on January 23, 1995 with respect to the land adjacent to the forest owned by the Defendant, Youngnam-gun G 289 square meters adjacent to the forest owned by the Defendant (hereinafter “instant forest”).

The forest land of this case was created by F with the death of F as it was located in a dry field before F dies.

After that, F's descendants and family members moved to F's parents in the forest of this case, and recently, F's friendship H (spouse C) died, which created seedlings in the same place.

On the other hand, I was a space that had been sentenced to imprisonment before the F birth, and was in his dry field around the F Burial, and was present whenever a grave was created in the forest of this case.

The plaintiff, son and son, son and son, son and woman, the F's children, were 3 to 4 times a year, and the F's son and son and son were c and managed in F's graves.

B. The defendant has been in possession of sexual seedlings in a grave created in the forest and fields over 2 to 3 years.

Since the defendant is difficult to attend a tomb in Seoul and there is no person to manage the tomb, the defendant left a five-year funeral and funeral procedure for the burial of the tomb, which is the head of the village, in order to bury the tomb.

C. From November 1, 2014 to 15:00 on November 1, 2014, the Defendant excavated five temples in his/her forest land.

After that, the defect that the defendant, the defendant, and the son of the son and the son, are "a spaw has yet to be planted" against the workers, such as the J, and the defendant again refers to the spawal of the forest of this case, so that the spaws have yet to be planted, so that the spawals have yet to be planted."

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