1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On September 6, 2008, the Defendant entered into a sales contract with C, the owner of the instant land, in order to promote the tinsan Development Project on three parcels, including B forest land B 19,221 square meters (hereinafter “instant land”).

B. On September 201, 201, the Defendant buried five graves, including a net D (a sufficient compensation E; hereinafter “the deceased”) located on the instant land (hereinafter “instant grave”), and completed the registration of ownership transfer on the instant land on October 26, 2012.

C. The Deceased had children, such as H (ma), J (ma), I (ma), F (F (4) and M (ma) under the supervision of the Deceased, and the Plaintiff is F’s tea.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, Eul evidence Nos. 1, 2, and 6 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion has damaged the grave of this case without the plaintiff's consent, who is the management and disposition authority of the grave of this case. The defendant is obligated to pay to the plaintiff 40 million won in total, including the consolation money of 10 million won and mental suffering for re-installation costs of the grave of this case.

B. Judgment 1) It is reasonable to view that the right to care and management of the grave of this case would be exclusively vested in the descendants (see, e.g., Supreme Court Decision 9Da14006, Sept. 26, 2000). As seen earlier, the Plaintiff’s 4 South son of the deceased did not have the right to manage and dispose of the grave of this case, as a matter of principle, the Plaintiff is missing. 2) As to this, the Plaintiff was missing, and 3 South son son son son son son son son son son son son son son son son son son son son son son son son son son son, and after her death, son son son son son son son son son son son and son son son son son son son son son son son son son son son son, and the deceased 4 son son son.