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(영문) 서울중앙지방법원 2014.01.14 2013가단65831
분묘굴이
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1.The following facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings on the statements or images of Gap evidence Nos. 1, 2, 9 through 12, Eul evidence Nos. 4-1 to 5, 7-1 to 9-3 and 11.

G was married with H on May 10, 1939, and was married to H, Defendant C, the male head, Defendant C, the male head, and Defendant D, the male head, and C, the male head, respectively. However, from around 1977 to December 26, 1998, G was living together with the Plaintiff and died on December 26, 1998.

On the other hand, on March 12, 1998, the Plaintiff completed the registration of ownership transfer on the forest of this case in the Plaintiff’s future, and upon the death of G, the Plaintiff installed the instant grave and tombstone, such as the written claim, within the forest of this case.

2. Determination

A. As the instant lawsuit, the Plaintiff asserts that as the owner of the instant forest, the Defendants seek a judgment, such as the purport of the claim, as the owner of the instant forest, and the Defendants asserts that there exists a right to grave base.

B. (1) The right to manage and dispose of a grave shall be exercised against the person who has the right to manage and dispose of the grave, regardless of who was installed in order to file a claim for removal of a grave and a grave for this purpose by putting the ownership of a forest and land into ownership. In the event of a false studio, the right to safeguard and manage the grave in general, except in special circumstances where he/she is unable to maintain his/her status as the person who presides over the grave, and the right to install and manage a grave in general, such as a tombstone, etc., which is an accessory to the grave, shall be exclusively attached to his/her son, and the right to install and manage the grave in principle included in the right to safeguard and manage the grave and in principle, it shall be held by the person who presides over the grave. Thus, in this case, unless there is no evidence to see that the defendant B, as the head of G, is unable to maintain the status of the

(2) On the other hand, the land which is the base of the grave.

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