1. The Defendant (Counterclaim Plaintiff) indicated on the Plaintiff (Counterclaim Defendant) an annex No. 1 drawing with the size of 1,775 square meters prior to C in leisure time, 1, 2, 3, 3.

A principal lawsuit and a counterclaim shall be deemed to be filed together.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a deadly related type of relationship with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”).

나. 여수시 C 전 1,775㎡(이하 ‘이 사건 토지’라 한다)는 원고의 남편인 망 E의 소유였는데, 망 E 생전에 이 사건 토지 중 별지 제1도면 표시 ①, ②, ③, ㅎ, ④의 각 점을 순차로 연결한 선내 (나) 부분에 피고(반소원고, 이하 ‘피고’라고만 한다)의 부친인 망 F의 분묘 1기가 설치되었다.

C. Around 2009, the Defendant installed D’s grave in a way that the body of the deceased F and the Defendant’s mother-friendly D died, and the instant grave was buried together with D’s remains in a single minute form.

(hereinafter referred to as “the ground for recognition”), / [the grounds for recognition] unsatisfy, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 through 3, 5, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff asserts that since the defendant buried D's remains in the deceased F's grave without permission, the part of the deceased D's grave of this case should be excavated.

B. The defendant asserts that the deceased D's graves were installed in the form of a subdivision on the existing graves, and the permission from the plaintiff was obtained prior to the combination, and the prescription period for possession of the part of the land has expired due to the construction of the network Fows, and the plaintiff is obligated to implement the procedure for the registration of ownership transfer on the part of the land, and the plaintiff's claim for excavation on the part D's land among the joint tombs of this case constitutes abuse of rights against humanity.

3. Determination

A. According to the above facts of recognition as to the cause of the principal claim, barring special circumstances, the Defendant, who is the authority to manage and dispose of the instant cemetery, is obligated to excavate the part of the deceased grave to the Plaintiff, who is the landowner of the instant land.

B. The defendant's assertion and counterclaim.