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(영문) 대구지방법원 2016.11.10 2016나5632
제3자이의 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 1 of the judgment of the court of first instance is applicable.

Reasons

1. Basic facts

A. On November 2, 1979, the land of this case was originally owned by I (Death around 1982), the land of this case 2,540 square meters (hereinafter “the forest of this case”) in the Gu-U.S. Si, Gu-si, and the land of this case (hereinafter “the forest of this case”) and the registration of ownership transfer was completed in D, the son of J on November 22, 1997, as the land of this case was inherited by an agreement division on November 22, 197.

B. The Defendant purchased the instant grave from D on August 19, 201 and completed the registration of ownership transfer on October 6, 2011, and (2) from the Daegu District Court Kimcheon Branch, “D, by November 26, 2012, pursuant to its promise to make three graves up to leap month to the Defendant as this disability cycle, indicated in the annexed drawings in the instant forest, 3,4,22,23, 13 through 15, 21, 20, 20, 19, and 3 parts of the instant forest, which are successively connected with each of the said parts, (b) three graves of the said grave located in the area of 662 square meters inside the ship (hereinafter “b) and (b) transferred the said part with the execution decision delegated to the enforcement officer of the said court on March 215, 2015 (hereinafter “instant judgment”).

C. (b) The part of the North part of the North part (A) 20 square meters (hereinafter “instant land”) is installed with I’s son G grave (hereinafter “instant grave”). This was installed around 1979 when G died with I’s consent.

On the other hand, the plaintiff is the south of G.

[Ground of Recognition] A without dispute, evidence Nos. 1-1, 2-1, 3-1, 4-1, 5-1, 6-1, 10-2, 10-1, 11-1, 12-1, 12-2, 16-1, 3, 4, 19-1, 19-1, 20-1, and 20-1, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Whether compulsory execution against the instant grave is legitimate or not, the relevant legal doctrine governing the instant grave.

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