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(영문) 청주지방법원 제천지원 2018.09.12 2018가단20145
분묘굴이
Text

1. Defendant C is not more than 4,225 square meters prior to Chungcheongnam-gun D, Chungcheongnam-gun, and one grave with annexed drawings indicated to the Plaintiff.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of D land.

B. On the land of this case, the separate drawing indication 2, 3, 4, 5, and 6 graves are installed on the land of this case.

C. The attached drawings indicate the 2nd, E’s graves died on November 12, 1971, the C&C graves died on March 19, 1962, the C&C graves died on August 24, 199, the GD graves died on August 24, 199, the HH’s graves died on October 21, 1980, and the f’s graves died on August 3, 1986.

E and F are the grandparents of Defendant B and the great grandparents of Defendant C, and I and H are the parents of Defendant B and the grandparents of Defendant C. G is the father of Defendant C who was punished by Defendant B.

E/F’s south is I, I and H’s south are G, and G’s south is Defendant C.

[Ground of recognition] The entry of Gap evidence Nos. 1, Eul evidence Nos. 1 through 5 (including each number), and the purport of the whole pleadings

2. In order to file a claim for removal of a grave based on the ownership of forest land to determine the claim against Defendant B, it is reasonable to deem that the installation of a grave was accumulated and the person holding the right to manage and dispose of the grave. In the event of a son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s rights

(See Supreme Court Decision 95Da51182 delivered on September 5, 1997). Defendant B cannot be deemed as the managing authority of each of the above graves, and Defendant B cannot be deemed as the managing authority of the above graves, on the ground that there is no evidence to acknowledge the facts constituting the presiding authority, such as the descendants of E, F, G, H, and I buried in6 graves, E, F, G, H, I, and I, which were buried in the designated grave (the above facts of recognition is clear that Defendant B is the co-born of G, and is not the descendants of E, F, H, H, and I).

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