beta
Text
1. Defendant C, D, and E are the Plaintiff, and each of them is indicated in the attached Form No. 1, 2, 3, 4, and 1, among the 728 square meters of forest forest in emulation.
Reasons
1. Basic facts
A. The Plaintiff purchased the instant land in the Suwon District Court G real estate auction procedure conducted with respect to F forest land 728 square meters (hereinafter “instant land”) in Sungsung-si, and paid in full the sale price on April 10, 2015, and completed the registration of ownership transfer on April 15, 2015.
B. From the time the Plaintiff purchased the instant land from the above auction procedure to the date of the closing of argument in the instant case, three graves are installed in the area of not less than 364 square meters in the ship (Ga) connected in sequence of each point (hereinafter “instant grave base”). Among them, one of the graves is a grave in which deceased H and I, the parent of the Defendants, are buried together, and the remaining two graves are buried.
[Reasons for Recognition] Defendant B: Each entry and video of evidence Nos. 1 through 4, 8, 11 through 14, and the purport of the whole pleadings as to Defendant C, D, E: Confession (Article 150(3) and (1) of the Civil Procedure Act)
2. The Plaintiff asserted that the instant land, including the instant grave base, was purchased in a voluntary auction procedure and completed the registration of ownership transfer on April 15, 2015. The Defendants, as H and I’s children, possess the instant grave base by installing H, I’s joint burial ground and two cemeterys in the instant grave base.
Therefore, the Defendants are obligated to excavate three graves installed on the instant grave base to the Plaintiff, who is the owner of the instant land, and deliver the instant grave base to the Plaintiff.
In addition, the Defendants are jointly and severally obligated to pay the amount equivalent to KRW 4,029,025, which was incurred from April 15, 2015 to January 31, 2020, and damages for delay from February 1, 2020, and KRW 70,070,070 per month from February 1, 2020 to the date of delivering the instant grave base to the Plaintiff.
3. Determination
A. Judgment by deeming the confession of a claim against Defendant C, D, or E (Articles 208(3)2 and 150(3) of the Civil Procedure Act).