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(영문) 대전지방법원서산지원 2019.09.18 2018가단54854
토지인도
Text

1. From November 1, 2018, the Defendant indicated on the attached sheet 11, 5, 6, and 11 of the attached sheet among the 486,720 won and the 6149 square meters of C Forest in Seosan-si.

Reasons

1. The following facts may be acknowledged in full view of the contents and images of Gap evidence Nos. 1 through 4, and the purport of the entire arguments as a result of the appraisal commission by the President of the Seo-gu District Information Corporation and the head of the E appraiser office of this court:

D With respect to D Land and C, on June 29, 1993, F, the father of the defendant, acquired ownership on April 9, 2015 due to inheritance by G on October 30, 2017.

B. (v) One grave (hereinafter “instant grave”) exists from around 1996, and the said grave has a form that enables recognition of its existence with drums, (vii) portion, and (viii) portion, and (vii) portion of the said grave. The said grave was composed of a tomb.

(c)In addition, the (d) sections and (b) sections are being used for the protection, management, removal, etc. of the grave of this case, which are created in a flat manner differently from the remaining lands of C and D land.

The grave of this case is the defendant's father H and Ma I, and the defendant is the son.

(e) The sum of the rents generated from November 1, 2017 to October 31, 2018 with respect to (ii) parts and (iv) parts shall be KRW 486,720, and the rents generated after November 1, 2018 shall be KRW 43,680, monthly.

(v) The sum of the rents that accrue from November 1, 2017 to October 31, 2018 is 35,100 won (monthly 2,925 won) and the rents that accrue after November 1, 2018 are 3,150 won per month.

2. Judgment on the main claim

A. According to the above facts, the defendant has the duty to care for the graves of this case installed on the land D and C, which are owned by the plaintiff, and to restore the graves of this case to the plaintiff, to remove the (vii) portion and (iv) portion, and to deliver the (ii) portion and (iv) portion, and to pay the unjust enrichment corresponding to the rent by the time of delivery, unless there are special circumstances. (b) The defendant's assertion is judged 1).

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