1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the owner of the instant forest.

B. On the 44 square meters in the ship which connects each point of the annexed map Nos. 1 through 7, 1, and 44 square meters in order to connect each point of the annexed map Nos. 1, 1, 7 through 13, and 1, the 74 square meters in order to connect each point of 1, 11, 10, 9, 14 through 21, and 11, the 157 square meters in order to connect each point of 157 square meters in the ship, the 1, 22, 30, and 22 square meters in each part of the annexed map No. 1, 242 square meters in the ship among the forest land of this case, two graves and 1, 31 through 40, and 31, the same map No. 1, and 83 square meters in each part of the above grave No. 83 square meters in the ship.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 4 (including paper numbers; hereinafter the same shall apply) and images, the result of the survey and appraisal conducted by appraiser D of the first instance court, the result of the on-site inspection conducted by the court of first instance, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that the removal of the instant grave, etc. and the claim for the delivery of each of the instant lands were based on an agreement that the Defendant or the Defendant’s representative E agreed to remove or remove the instant grave, etc. to the Plaintiff or the Plaintiff’s son, and that the Defendant is obligated to remove or remove the instant grave, etc. and deliver each of the instant lands to the Plaintiff.

The Defendant did not agree with the Plaintiff to remove or remove the instant grave, etc. Rather, the Defendant acquired the right to grave base on each of the instant land while putting the instant grave, etc. over 20 years.