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(영문) 수원지방법원평택지원 2019.10.30 2019가단54748
토지인도
Text

1. All claims filed by the plaintiff (appointed party) and the selector are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

The Plaintiffs share the forest land of this case with Plaintiff (Appointed Party) 1/3 and 2/3 shares in the forest land of this case. The existence of a 4-year grave on the ground of the forest land of this case (hereinafter “each of the instant graves”) is not disputed between the parties, or recognized in accordance with the statement in Evidence A Nos. 1 and 2.

Under the premise that the Defendant is the manager of each grave of this case, the Plaintiffs sought the restoration of each grave of this case and the delivery of each of the above graves to the Defendant, and sought unjust enrichment from possession of the above parts of the land. In the event of a son’s loss, it is reasonable to view that the right to safeguard and manage the grave of this case generally belongs to the son, except in special circumstances where she cannot maintain his/her status as the person in charge of the removal of the grave, and in order for the Defendant to have the right to manage and dispose of the grave as the son’s son, it should be recognized that there are special circumstances where she cannot maintain son’s status as the son (Supreme Court Decision 9Da14006 delivered on September 26, 200). Thus, the Plaintiffs’ claim against the Defendant for each of the above claims against the Defendant is without merit.

Therefore, all of the plaintiffs' claims are dismissed.

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