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(영문) 인천지방법원 2017.09.07 2015가단55709
분묘발굴이장 등
Text

1. The Defendant: (a) from October 12, 201, 200 to the Intervenor taking over the Plaintiff, and (b) from October 12, 2016 to the Seosan City Forest Co., Ltd. of the Intervenor taking over the Plaintiff.

Reasons

1. As to a request for the excavation or removal of a grave

A. 1) The Defendant, on March 3, 2009, increased the number of the instant forest land from his father D on the same day, and completed the registration of ownership transfer on the same day. The Defendant had been installed the instant grave in the instant forest.

B) According to the application for voluntary auction by the Fisheries Cooperatives for the Vindication of the mortgagee-mortgage (Seoul District Court Seosan Branch E), the Plaintiff was awarded the instant forest on July 23, 2015 and completed the registration of transfer of ownership. On October 12, 2015, the Plaintiff sold the instant forest land to the Intervenor acquiring the Plaintiff, and completed the registration of transfer of ownership in the future on the same day. C) The Defendant occupied the instant grave in the possession of the site while safeguarding and managing it.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1 and 5, Eul evidence Nos. 1, Eul evidence Nos. 1, and the result of appraiser G’s survey and appraisal, the judgment of the court below as to the purport of the whole pleadings 2) the defendant is obligated to discover and change the grave of this case to the plaintiff acquiring intervenor, who is the owner of the forest of this case. (B) The defendant’s assertion that the grave of this case was installed for 20 years prior to the

2) If a person installs a grave on the land owned by him/her and transfers it to another person, the person on the land owned by him/her shall acquire a real right similar to superficies against the land owned by him/her unless the parties express their intention otherwise, except in cases where the grave is flat and the outside cannot be recognizable.

(See Supreme Court Decision 67Da1920 delivered on October 12, 1967). (b) B, before March 3, 2009, the Defendant acquired the ownership of the instant grave, there was the instant grave located in the instant forest, and due to auction and sale, the Plaintiff and the Intervenor transferred the ownership in sequential order. As such, among the instant forest, the instant forest, the instant grave was connected in sequence to the Plaintiff and the Intervenor. As such, the instant grave, among the instant forest, indicated in the annexed drawings necessary to safeguard and wing the instant grave, was connected in sequence 12,13,14,15,16,17, and 12.

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