1. The plaintiff's claim is dismissed.

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

1. The facts subsequent to the facts are either in dispute between the parties or in recognition of Gap evidence 1-1-2 and Gap evidence 3-3 by reference to the whole purport of the pleadings.

A. Part of the forest land of Pyeongtaek-si C, and 1,488 square meters (hereinafter “the forest land of this case”) is installed in a joint grave with Nonparty D’s husband and wife (hereinafter “the instant grave”).

B. The plaintiff is a son of D couple, and the defendant is a son of E registered as the owner of the forest of this case.

2. The defendant's main defense against the defendant's main defense is that the plaintiff does not have standing to sue to seek compensation for damages in relation to the grave of this case since the plaintiff is not a subordinate debt of D having the right to manage and dispose of the grave of this case.

However, in a lawsuit for performance, the standing to be a party is a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists or not shall be proved through the deliberation of the merits (see, e.g., Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). The above defense of safety is without merit.

3. Judgment on the merits

A. The Plaintiff’s assertion D purchased 130 square meters from the Defendant’s view F of the instant land from the Defendant’s view, and therefore, the Plaintiff, who inherited the said land and owned it, installed the instant grave and sprinked and sprinked it. The Defendant damaged the Plaintiff’s 2gs and sprinks around the instant grave, and thereby impeding the Plaintiff’s removal of the instant grave by installing a steel sprink around the instant grave.

Therefore, the defendant should pay to the plaintiff the above-mentioned trees and above-mentioned 6,106,920 won at the market price of the above-mentioned trees and the above-mentioned Haddi as damages for tort and its planting expenses 2,731,858 won, consolation money of KRW 18,838,778 in total, and damages for delay.

B. The judgment of the plaintiff's reference D is the forest of this case from the defendant's tidal net F.