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(영문) 창원지방법원 진주지원 2018.02.08 2016가단33888
분묘굴이등
Text

1. A ship that connects the Plaintiff with each point of the attached Table 13-18, and 13, among the land size of G 9,900 square meters in Jinju-si.

Reasons

1. Facts of recognition;

A. The forest land G 12,694 square meters (hereinafter “the forest land before the division”) in Jinju-si prior to the division is completed on May 31, 1995 by H pursuant to the former Act on Special Measures for the Registration, etc. of Ownership Transfer (No. 4502, Nov. 30, 1992).

B. Before the instant partition, forest land was divided into G 9,900 square meters on November 2, 2007 (hereinafter “instant forest”) and I 2,794 square meters on November 2, 2007.

J completed the registration of ownership transfer with respect to the forest of this case on November 5, 2007, and the Plaintiff completed the registration of ownership transfer with respect to the forest of this case on March 27, 2008.

C. Of the instant forest land, on the ground of 195 square meters in part 195 square meters connected to each point of the attached Table 13-18, and 13 (hereinafter “the instant forest land”), among the instant forest land, a grave with a total of 1 to 18 graves and stone plates are installed, such as a drawing of the current status of the instant grave, and on the ground of the attached Table 2, a person who is deemed to have been placed as a son or son of a ship, who is a son or son of a ship installed in each grave, is as indicated in

[Reasons for Recognition] Unsatisfy, Gap 1 and 3 evidence (including a satisfy number), the result of a request for surveying appraisal, the purport of the whole pleadings

2. Determination

A. According to the Defendants’ recognition of the mining of graves and the duty to deliver forest land of this case, it is reasonable to view that the Defendants installed a family burial ground in the dispute of this case, and that they jointly occupy the dispute part of this case while protecting and managing each grave indicated in the attached Table 3 as the title of the grave site.

The Defendants, seeking the exclusion of disturbance as the owner of the forest land of this case, are obligated to excavate each grave and stone board installed in the part of the dispute of this case in which the Defendants protected and managed, and deliver the part of the dispute of this case to the Plaintiff.

B. As to the Defendants’ assertion, the Defendants agreed on the use of the portion of the graveyard installed among the instant forest land when H, the owner of the forest land before the instant partition, divided and sold the instant forest land to J, and the J agreed on the instant mountain land.

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