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(영문) 제주지방법원 2019.07.05 2018가단63503
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Each cemetery of this case was a land under the name of D on August 1, 1913, and as D died on May 12, 1940, the head of Australia and the inheritance of the family, South Korea, and upon the death of E on October 18, 1959, the Defendant, his wife, succeeded to the family head and the inheritance of the property.

Accordingly, on October 17, 2017, the defendant completed registration of preservation of ownership of the instant land in his/her future.

B. The plaintiff is the father of the above three-dimensional clans comprised of descendants of "I", who is a family member of D (the title of the compensation) (F), G, and H three-dimensionals. The father of the above three-dimensionals is J (K for the compensation name), and L is the representative of the plaintiff L. G.

C. In each of the instant cemeteries, a grave, such as I and Ma, which is a father of the said three-dimensionals, was installed. However, on February 11, 2013, P, who was prepared to construct a specialized restaurant (O) by acquiring the ownership of NN land on February 11, 2013, purchased each of the instant cemeteries from L, which was called a custodian of each of the instant cemeteries, by making a floodgate in order to use each of the instant cemeteries as a parking lot.

L The purpose of this case is to set up a charnel and set up a charnel in one place, including those in each of the instant graveyards. On April 8, 2005, after purchasing Q 39 square meters of forest land in Jeju-si on April 14, 2005, L entered into a contract to complete the registration of ownership transfer in the name of Sejong R and S, as well as to install a family charnel house on April 19, 2005, upon which the installation of the charnel cemetery was completed on May 20, 2005, upon receiving a report on the installation of the charnel cemetery from the Jeju-si on May 20, 2005, the burial buried in each of the instant graveyards on May 27, 2005, and buried and buried the remains.

E. P is a parking lot of a newly-built specialized restaurant (O) after packaging each of the above graveyardss in order to receive the graveyard of this case under this Chapter on May 27, 2005, and has been used since that time.

[Ground of recognition] without any dispute, Gap 1, 2, 3, 7 through 16, 27, 28, and Eul 1.

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