1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff completed the registration of transfer of ownership on the land of Pyeongtaek-si E-si and 33,620 square meters (hereinafter “instant forest”). The Plaintiff completed the registration of transfer of ownership on June 27, 1998 by the Suwon District Court’s Song-si registry office.

B. Among the forest land of this case, one grave owned by the Defendants on the ground of “B” part 46 square meters (hereinafter “instant land”) connected in order to each point of the 1, 2, 3, 4, 100 square meters of the attached drawings (hereinafter “instant grave”) among the forest land of this case.

C. The plaintiff and the defendants are the deceased-do type simplified, and the graves of this case are the plaintiff's lodging and the father's funeral of the defendants.

[Reasons for Recognition] The result of the appraisal commission to the Director of the Gyeonggi-do Headquarters of the Korea Intellectual Property Corporation and the Director of the Gyeonggi-do Headquarters of the first instance, the entry of Gap evidence 1, Gap evidence 3-1 and 2 of Gap evidence 3, the result of the appraisal commission to the Director

2. The assertion and judgment

A. The Plaintiff asserted that, since the Defendants installed the instant grave on the instant land without the Plaintiff’s permission, the Plaintiff, the owner of the instant grave, the Defendants are obligated to remove the instant grave and deliver the instant land.

As to this, the defendants asserted that the forest land of this case is unfair since it is natural for the defendants to install the graves of their father, who are the plaintiff's family members, to the effect that the plaintiff's claim is unjust.

B. (1) In light of the facts without dispute, Gap evidence 2, Gap evidence 4, Eul evidence 5-1, Eul evidence 5-2, Eul evidence 1-2, Eul evidence 1-3, Eul evidence 1-2, and Eul evidence 1-2, Eul evidence 1-3, and the testimony of the witness witness F of the first instance trial, the plaintiff's Cheongju-si, Cheongju-si, which was registered under the plaintiff's father G, designated Cheongju-si as a housing site development area and received by G as the compensation amount was expropriated from the Korea Land Corporation on November 26, 1996, and was received by G on December 5, 1997. The plaintiff purchased the forest of this case with the above compensation amount, and was installed in the expropriated forest.