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(영문) 창원지방법원진주지원 2017.06.09 2016가단727
분묘굴이 등
Text

1. Defendant B:

A. Of 2,073 square meters of D forest land in Jinju-si, each point of which is indicated in 21, 22, 23, 24, and 21 attached Form 1.

Reasons

1. Basic facts

A. On December 18, 1971, E Forest land E 12,439 square meters (hereinafter “the land before the instant subdivision”) had been registered for ownership transfer on the ground of sale on November 12, 1980, after the registration of ownership transfer was made in F’s name on November 12, 1980.

B. As the network H died in around 1997, the ownership transfer registration was made on February 9, 1997 due to inheritance by agreement and division on March 21, 201, with respect to 1/6 shares of H in the name of I, J, and K (L) on March 21, 2012.

I, J, and K donated to the Plaintiff on March 19, 2012 a total of 3/18 shares in each of their respective above shares, each of which was 1/18 shares, and the registration of ownership transfer was completed in the name of the Plaintiff on March 21, 2012.

C. On March 10, 201, as the net G died, the ownership transfer registration was filed on November 2, 2001 due to inheritance on the grounds of the following: K (N)/O, P, Q, R, and S’s shares on March 10, 201 with respect to the one-half shares of G in the land before the instant partition.

Around January 28, 2015, the instant land prior to the instant subdivision was divided into 2,073 square meters for D forest land (hereinafter “instant land”) and 4,146 square meters for T forest land and 6,220 square meters for the instant land. The Plaintiff completed the registration of transfer of ownership on the ground of the division of common property on March 26, 2015 for the instant land on January 10, 2015.

E. On the other hand, Defendant C, who died on November 1, 1984, moved a grave of his father, who was installed in another place around that time, installed the grave in the form of two parts on the part of the land of this case (hereinafter “the part of this case (c) 82 square meters”) connected each point of 25,26,27,28, and25 square meters in sequence among the land of this case (hereinafter “the part of this case (c)”). Defendant C installed the grave of her mother and her mother (hereinafter “the grave of this case”) in the form of two parts on the part of 82 square meters (hereinafter “the part of this case”) and by protecting and managing the said grave up to now.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 4, Eul evidence 2-1, Eul evidence 2-2, Gap evidence 7, the result of on-site inspection by this court, appraiser W.

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