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(영문) 광주지방법원해남지원 2017.11.28 2016가단21268
토지인도 등
Text

1. The defendant

(a) Three tombstones shall be buried in the area of 156 square meters in Jeonnam-gun, Jeonnam-gun, Nam-gun, and tombstones, tombstones, and bridges.

Reasons

1. Facts of recognition;

(a) 156 square meters (2,325 square meters (hereinafter “forest land before division”) for C forest land in Jeonnam-gun, Jeonnam-gun, Namnam-gun (Seoul-gun)

) From May 3, 2016, the ownership transfer registration was completed in the Plaintiff’s future from E on June 28, 2016 on the grounds of “trade on June 23, 2016” with respect to the instant forest (hereinafter “the instant forest”).

B. Among the forest land of this case, "the grave of this case" is "the grave of this case, in which the defendant's father F (Death Report of August 15, 1976), mother G (Death of April 8, 2003), and Y (Death of April 8, 2003), and the above graves are installed in order to connect each point of subparagraph (b), (c), the defendant's father F (Death Report of August 15, 1976), and Y (Death of April 8, 2003) are installed.

(C) The Defendant has installed and managed the instant grave for the purpose of the protection of the instant grave, which is being used for the purpose of the protection of the instant grave due to the creation of the entire forest of this case in a flat manner. Around June 2016, the appropriate rent is KRW 46,800 per annum. [Grounds for recognition] The fact that there is no dispute, Gap Nos. 1, 2, and Eul No. 1 (including each number), the result of the on-site inspection by the court, as a result of the appraiser I’s on-site inspection by this court, as a result of the appraiser I’s request for rent appraisal by the appraisal appraiser of the instant court, the purport of the entire pleadings as a whole.

2. According to the above facts finding as to the cause of the claim, the Defendant installed and managed the instant grave and its accessory facilities on the instant forest owned by the Plaintiff, thereby hindering the Plaintiff’s ownership, thereby gaining profits equivalent to the rent of the instant forest, and thereby causing damages equivalent to the same amount to the Plaintiff.

Therefore, the Defendant is obligated to excavate the instant grave to the Plaintiff, remove the facilities, such as stone monuments, tombstones, stone monuments, and landscape trees, and deliver the said forest land. The Defendant is obligated to return the amount calculated by the Plaintiff’s acquisition of ownership of the instant forest land from June 28, 2016 to the completion date of the said delivery as unjust enrichment.

The Plaintiff is recognized as above.

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