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(영문) 창원지방법원밀양지원 2015.07.22 2014가단4653
토지인도 등
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B owned 1122 square meters of forests and fields D (hereinafter “instant land”) in Gyeongnam-gun, Gyeongnam-gun, and installed a grave on the said land (hereinafter “instant grave”). Defendant B’s wife died on May 31, 1996 and installed his wife around that time, and all of the remaining graves were installed. The instant grave had a furnal part and can be perceived from the outside.

B. However, the procedure for compulsory auction was initiated regarding the instant land, and the Plaintiff acquired ownership by winning the instant land at a successful bid on July 23, 2012.

[Ground of recognition] Facts without dispute, Gap 1-6 evidence, Eul 1-6 evidence, Eul 1-6 evidence, Eul 1-Na (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserting that the Plaintiff’s assertion is jointly and severally divided into the Plaintiff, the owner of the instant land, with the indication 1, 2, 3, 4, and 1 of the attached Form Nos. 160 square meters and the indication 5, 6, 7, 8, and 5 of the same drawings on the part of the instant land, which are installed in the size of 640 square meters and the portion of the instant grave installed in the order of 640 square meters. The Plaintiff’s assertion is obliged to transfer each of the above parts of the instant land to the Plaintiff, who is the owner of the instant land. 6,960,000 won, which

B. Since Defendant B’s assertion by the Defendants established the instant grave on his own, and the Plaintiff acquired the ownership of the instant land through a compulsory auction after installing the instant grave, Defendant B acquired the right to grave base for the instant grave, and there is no agreement as to the land rent, the Plaintiff’s claim is without merit.

3. The prescriptive acquisition period, in the event that a grave is installed on one’s own land and thereafter the land becomes a different owner by a compulsory auction, provided that there is no condition that the grave will be removed in particular.

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