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1. The Defendant each of the attached reference drawings indicated in the attached Form 20, 21, 22, 23, 21, and 20 among the annexed reference drawings among the land size of 853 square meters in Gyeyang-gu Seoul Special Metropolitan City.
Reasons
1. Basic facts
A. On April 22, 2002, the forest land of this case owned D was registered for the transfer of ownership due to inheritance by division as of May 13, 1990 under the name of E, F, G, H, and the Plaintiff.
B. In the part of the instant forest, the No.I. The Defendant’s father, and the Defendant’s mother, in the part of (d) forest, the Defendant’s mother, are managing it.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 and 3, Gap evidence No. 5-1, 2, Eul evidence No. 1-2, the result of the survey and appraisal conducted by the appraiser J of this court, the result of the survey and appraisal conducted by the appraiser J of this court, the purport of the whole pleadings
2. The Plaintiff’s assertion is that the Defendant has installed and occupied a grave on the part of the instant woodland (C) and (d). As such, as an act of preserving jointly-owned property, the Defendant buried the said grave and sought delivery of each of the said lands.
3. Determination
A. 1) With respect to the portion of the forest land in this case, where the land, which is the base of the grave, is owned by a person other than the owner of the grave, if the owner consents to the establishment of the grave, the owner of the grave shall be deemed to have established the real right similar to superficies for the owner of the grave. In such a case, the owner of the land shall be limited to the exercise of ownership in the portion of the land, which is the base of the grave, within a reasonable extent necessary for the protection and management of the grave (see Supreme Court Decision 9Da14006, Sept. 26, 200). In relation to the No. 99Da1406, Sept. 26, 200), the fact that the Plaintiff consented to the establishment of the No. 4458, the Defendant acquired the right to the grave base in this case (see, e.g., Supreme Court Decision 9Da14006, Sep. 26, 2000).