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(영문) 수원지방법원여주지원 2016.09.27 2015가단8065
분묘굴이청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 22, 1997, the Defendant completed the registration of ownership transfer on the ground of the cancellation of title trust on November 14, 1992, with respect to Friju-si (hereinafter “Fri”) G forest land G 141m2 (hereinafter “land before partition”).

B. On July 2, 2015, the Plaintiff completed the registration of ownership transfer for the land before subdivision due to a compulsory auction.

C. The land before subdivision was divided into H, I, D, E, and J land on December 30, 2015. D

D Among 3647 square meters of forests and fields (hereinafter “instant land 1”), 16-year graves (hereinafter “instant graves”) are installed from the 1980s to the point where each branch office and almost 98 square meters of forest land E (hereinafter “the instant land 2”) indicated in the annexed drawings are located from among the points where the annexed drawings are displayed.

[Ground of recognition] A without dispute, Gap evidence 1 and 2, Gap evidence 8-1 and 2-2, Gap evidence 7-1 to 7, the result of the survey appraisal by this court, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The parties’ assertion asserts that the Plaintiff is obligated to excavate the instant grave and deliver the said part of the grave to the Plaintiff, and to return unjust enrichment or compensate for damages arising from the possession and use, such as the amount stated in the purport of the claim, inasmuch as the Plaintiff occupies the instant grave on the ground of land Nos. 1 and 2 by means of the Defendant’s installation and management.

The defendant asserts that the right to grave base for the grave of this case is not the management entity of the grave of this case or the grave of this case.

The Defendant’s Intervenor (Appointed Party) asserts that the Defendant’s Intervenor (Appointed Party) and the designated parties set up the instant grave with the Defendant’s consent, and gather it as a grave for shipbuilding, and that the right to grave base for the instant grave is established.

B. Determination 1.

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