1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 9, 1995, the registration of ownership transfer was made on December 10, 1984 under the Defendant’s name on the ground of donation on December 10, 1984, with respect to the said land by dividing D 100 square meters into 1,040 square meters on October 5, 2015, and the area was changed to 1,040 square meters.

B. On November 10, 1975, when the Plaintiff’s first-class E was managing the Defendant’s first-class E’s graveyard that was created in the instant land as the mountainous district in the Defendant’s house, the Plaintiff, the heir, etc. installed a tomb in the instant land on November 12, 1975 (hereinafter “instant tomb”).

C. Meanwhile, the Defendant, in the form of wrapping up the instant grave, installed a steel fence (hereinafter “the instant fence”) on the line that connects each point of the said drawings in sequence of 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 13 among the instant land.

[Ground for Recognition: Facts without dispute, entry in Gap 1 and 9 evidence, the result of the appraisal by the National Land Construction Agency, the purport of whole pleadings]

2. The assertion and judgment

A. The plaintiff's assertion (1) around November 12, 1975, the plaintiff's summary of the plaintiff's assertion Eul purchased 429 square meters inside the ship (hereinafter "the land part of this case") connecting each of the items of 10,11, 12, 8, 9, 25, 13, and 10 of the annexed drawing among the land of this case from F, the defendant's father's father in 1974, and died. On November 12, 1975, the plaintiff et al. (hereinafter "the plaintiff et al.") purchased the land portion of this case, which was installed in the land of this case, and occupied the land portion of this case by peace and openly selling and selling trees, etc. around the surrounding area, and even if not, the plaintiff acquired the right to graveyard by prescription.

Therefore, the defendant completed the acquisition by prescription on November 12, 1995 with respect to the part of the land of this case to the plaintiff.