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(영문) 의정부지방법원 2015.10.15 2014나54008
분묘굴이
Text

1. The plaintiff's appeal concerning the main part of the judgment of the court of first instance is dismissed.

2. The counterclaim part among the judgment of the court of first instance.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Facts of recognition;

A. On April 1, 2013, the Plaintiffs purchased and owned 18,728 square meters of high-si Seoyang-gu U.S. Forest in Taeyang-gu, Seoyang-gu.

B. On May 22, 2013, the part of the said land, among the said land, which is indicated in attached Form 2, 13 through 21 grave (hereinafter referred to as “instant grave” by using the number indicated in the said drawing, was divided into 8,382 square meters of land in Gyeyang-gu, Seoyang-gu, Seoyang-gu. The part of the said forest, where each of the said graves is located, was re-divided into 3,864 square meters of land in Gyeyang-gu, Seoyang-gu (hereinafter referred to as “instant land”) on October 28, 2013.

C. On the ground of the instant land, the current status as shown in the annex No. 2 shall include 13 to 21 graves of this case and watchstones, tombstones, tombstones, etc. around the grave.

Among them, ancientstones, doorstones, tombstones, and so on were installed before several hundred years.

It is written to the effect that the graves of Defendant clan members, including N, 14 years oldO, and 15 years old P, established by the Defendant in the around 1965 and the family table compiled in the around 1970, include those graves of Defendant clan members in “Sayang-gun Q.”

(However, the defendant clans found the above Goyang-gun Q et al. because they did not know the exact location of the grave. (E)

Defendant clans listen to LR’s talk that there is a ancestor’s grave around the instant land. At least from around 1978, Defendant clans opened a new seat, etc. (No. 2, No. 31, No. 2, No. 33, No. 34, No. 35, No. 37, No. 20, No. 38, No. 39, No. 40, No. 40, No. 16, No. 20, No. 16, No. 20, No. 16, No. 16, and No. 38, No. 16, and No. 20, No. 39, and No. 40, No. 16, etc., around the instant grave) on the ground, and thereafter, installed a new seat, etc. around that time, in each of the above graves.

[Ground of recognition] Gap 1, 3, and .

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