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(영문) 대구지방법원의성지원 2014.11.05 2013가단2414
토지인도
Text

1. The Selection C points out of 2,985 square meters per attached Form 1, 2, 3, 4, and 1 among the 2,985 square meters per Dong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. The deceased J completed the registration of ownership transfer on the instant land on March 4, 1996.

B. Upon the death of the J on September 1, 1996, the Defendant and the designated parties, who were wife K and children, installed, around that time, a grave of the LJ in line with each point of the instant land within 11mm2, connected in line with each point of the instant land.

(hereinafter referred to as “the deceased J’s grave”). (c)

K on August 4, 2001, K completed the registration of ownership transfer on the land of this case due to inheritance by consultation and division on September 1, 1996.

After that, the instant land was voluntarily sold, and the Plaintiff completed the registration of ownership transfer on August 2, 2007 due to sale by voluntary auction on July 27, 2007.

E. When K died on October 11, 2009, the Defendant and the designated parties, who are his children, installed a net K grave within 111m2 connected each point of the instant land, in sequence of the following: (a) the attached drawing indication of the instant land among the instant land; (b) the Defendant and the designated parties, around that time; and (c) the Defendant installed a net K grave within

(hereinafter “Wel K’s grave”). [Ground for recognition] The fact that there is no dispute, entry of Gap evidence No. 1, the purport of the whole pleadings.

2. Determination as to the cause of claim

A. The Plaintiff and the Defendant, E, F, G, H, and I’s claim portion 1) on the instant land owned by the Plaintiff that the Defendant and the appointed parties jointly inherited on the ground of the instant land owned by the Plaintiff, and the Defendant and the appointed parties asserted that they have the duty to excavate the said two graves to the Plaintiff and deliver the said land. (ii) Article 1008-3 of the Civil Act provides that “The ownership of the farmland within the 1st of information pertaining to a tomb, the farmland within the 600 square meters of seed, the farmland within the 600th of seed, the land within the 600th of seed, the land within the 600th of seed, the land within the 600th of

3. First of all, in order to file a claim for removal of a grave based on the ownership of forests and fields with respect to the deceased J's grave established around September 1, 1996, the installation of a grave shall have been accumulated against the person who has the right to manage and dispose of the grave, and if any, the removal of the grave shall be presided over.

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