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(영문) 대구지방법원경주지원 2017.08.22 2015가단4385
분묘굴이 등
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 5,282,360 and its amount from July 8, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On August 1964, 1964, the deceased E, the Defendant’s attached, sold the Defendant’s clan members of the Defendant’s clan (hereinafter “the instant sales contract”) and K with respect to 1/2 shares of each of the above lands on August 29, 1964, where the Defendant’s graves were installed in the Defendant’s Capital Market F and the Capital Market G (hereinafter “H land before division”) and the I Cemetery 544 square meters (hereinafter “I land before division”). The J and K completed the registration of ownership transfer for each of the above lands on August 29, 1964.

B. Since the race-si, H 395 square meters (1306 square meters) was divided into 443 square meters (hereinafter “C land”) of a cemetery in Sejong-si. The I cemetery 544 square meters (1,798 square meters) was divided into D cemetery 1005 square meters (hereinafter “D land”).

C. On March 8, 191, the Plaintiff completed the registration of ownership transfer based on a donation from March 6, 1991 with respect to C land and D land (hereinafter referred to as “each of the above lands”).

On the other hand, among the land in C, there is still a 156 square meters of the part “B” connected each point of 15, 16, 17, 18, 21, and 15, which is the part “A” (hereinafter “the instant grave”) and the part “B” connected each point of 14, 20, 18, 17, 16, 15, 13, and 14, which is the part “B” (hereinafter “instant land”) of the attached table No. 14, 20, 18, 17, 16, 15, 13, and 15, among the 105 square meters of the attached map No. 15, 205 square meters of the attached table No. 14, 205.

(hereinafter referred to as “A” and “B” collectively shall be deemed to be “each of the disputing lands in this case.”

The defendant is the deceased F and the deceased G's capital loss, and is the authorized administrator of protection of each grave of this case from February 23, 1965, the family inheritance date to February 23, 1965.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 4, 5, 6, 16, 18, 35, 41 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 5, the records and images of Eul evidence Nos. 4, 5, 6, 16, 18, 35, 35, and

2. The plaintiff's assertion

(a) grave digging and transfer;

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