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(영문) 수원지방법원 평택지원 2018.10.31 2018가단55775
분묘굴이 등 청구
Text

1. Defendant B:

A. Among 4562 square meters of forests and fields, 4562 square meters of Pyeongtaek-si and N, each point is indicated in the attached Form 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. Defendant D, B, Non-Party C, and I (hereinafter “Defendant and the Deceased”) jointly owned the forest 4562m2 square meters (hereinafter “the forest of this case”) in shares of each of 1/4.

B. On January 17, 2017, the Defendant and the Deceased sold the instant forest to Nonparty O, thereby completing the registration of ownership transfer for all shares.

C. On May 20, 2013, the Plaintiff: (a) donated the instant forest by O; and (b) acquired ownership of the instant forest by completing the registration of ownership transfer on May 29, 2013.

In the instant forest land, there is one grave (3) located in part 25 square meters inside the ship, which connects each point of (1) grave (1), 5, 6, 7, 8, and 5 square meters in part 25 square meters in order to connect each point of (2) one grave, 9, 10, 11, 12, and 9 square meters in part 25 square meters in order to connect each point of (2) one grave, 9, 10, 11, 12, and 9 square meters in part (hereinafter “each grave of this case”).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. The parties' assertion

A. At the time the Defendant and the Deceased agreed to remove and remove all the graves in the instant forest when Nonparty O purchased the instant forest from the Defendant and the Deceased.

Therefore, the remaining Defendants, who inherited Defendant B, C, and deceased, are obligated to remove and remove each of the above graves to the Plaintiff, the owner of the forest of this case, and deliver the forest of this case to the Plaintiff.

B. Each of the instant graves of Defendant C, E, F, G, H, J, K, L, and M are those of Nonparty P, and there is no relationship with the Defendants.

The heir of the network I did not occupy the forest of this case by giving up all inheritance.

3. Determination

A. Judgment by deeming the confession of claim against Defendant B (Article 208(3)2 of the Civil Procedure Act)

B. Each of the instant graves claims against Defendant C, E, F, G, H, J, K, L, and M are related to the Defendants.

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