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(영문) 전주지방법원정읍지원 2013.07.02 2012가단1830
분묘철거 등
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached Form 2 on the Plaintiff-Counterclaim Defendant 30,261 square meters of land D in Go Chang-gun, Jeon Chang-gun, Jeon Chang-gun.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) the entries and images of Gap evidence Nos. 1 through 5; and (c) Eul evidence Nos. 1 through 3 (including where serial numbers exist); (c) the results of the on-site verification by this court; (d) the results of each survey and appraisal conducted on September 14, 2012 by appraiser E; and (e) the purport of the entire pleadings as a result of each request for the survey and appraisal made on February 4, 2013 and May 8, 2013 by the Director of the High Military Branch Office of the Jeollabuk-do Headquarters.

The plaintiffs are the persons of Nonparty F, and the defendant is the father of Nonparty G and the south of Nonparty H.

B. On November 30, 1971, Nonparty G completed the registration of preservation of ownership as to the 3rd 7th Y-gun of Gounwon-gun, Gowon-gun (hereinafter “the land before the subdivision of this case”).

C. Around 1971, the Defendant installed the Defendant’s grave on the instant land. D.

The non-party F completed the registration of ownership transfer on April 18, 1974 with respect to the land of this case on January 18, 1974.

E. Around October 1993, the Defendant installed the part of the portion 1 to 253 square meters in the ship (hereinafter “the land located in the instant grave”) among the instant land, which connected each point of the attached appraisal No. 49 through 52, and 49, among the land in this case. The Defendant installed the part 1 to 253 square meters in the land located in the instant grave (hereinafter “the instant grave”). The instant grave is located immediately adjacent to the Defendant’s grave.

F. The Plaintiffs completed the registration of ownership transfer on August 22, 2006 on the instant land due to inheritance by consultation and division on June 14, 2006.

G. At present, the Defendant currently occupies the land on which the Defendant claimed for the prescriptive acquisition of the instant case had been claimed. On the land on which the Defendant claimed for the prescriptive acquisition of the instant case had been claimed, both the Defendant’s grave and the instant grave continue to exist, and the area occupied by the instant grave is six square meters.

2. According to the above facts, the land of this case is owned by the plaintiffs, and the defendant raises objection.

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