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(영문) 창원지방법원 마산지원 2018.11.13 2017가단106421
수목수거, 분묘철거, 토지인도 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D land in Gyeong-gun, Chungcheongnam-gun was divided into 856 square meters prior to E (hereinafter “1 land”), 1,121 square meters prior to C (hereinafter “2 land”), and 49 square meters prior to F (hereinafter “3 land”).

B. On October 20, 1969, G, who is the Plaintiff, changed the registration of ownership transfer due to sale on October 15, 1969 with respect to land No. 1, and H, with respect to land No. 2 on March 10, 1981, from May 5, 1970 to J (H’s assistance). H completed the registration of ownership transfer pursuant to the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094, Dec. 31, 197).

The defendant completed the registration of ownership transfer on October 20, 1969 for land No. 3, which was made by sale on May 1, 1969, respectively.

C. H installed a tombstone on the lower part of the land No. 1; the Plaintiff and G installed the tombstone on the upper part of the land No. 2; the Defendant installed the tombstone on the middle part of the land No. 2; and the parent and the mother’s tomb (including the landscape trees) on the middle part of the land No. 2.

After that, Pursuant to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 7500 of May 26, 2005), H completed the registration of transfer for land on July 13, 2006, due to sale on February 20, 1979, and G for land on July 27, 2006, due to sale on May 10, 1981, respectively.

E. On October 30, 2017, G completed the registration of ownership transfer on land No. 2 for the Plaintiff on September 20, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1-9 and 11; the result of this court’s verification, the result of this court’s entrustment of appraisal to the branch offices of the Korea Land Information Corporation, the purport of the whole pleadings

2. The plaintiff, as the owner of the second land, claims the removal of the graves, etc. installed by the defendant and the transfer of the land above.

As to this, the defendant is against the second land.

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