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(영문) 대구지방법원 영덕지원 2018.11.27 2017가단693
분묘굴이 등
Text

1. The Defendant: (a) is one of 9,124 square meters of forest C in Yeongdeungpo-gun, Chungcheongnam-do; (b)

A. Attached 1 Map 96, 97, 98, 99, 100, 101, 102.

Reasons

1. Facts of recognition;

A. On June 29, 1972, the Plaintiff completed the registration of ownership transfer on the ground of sale on May 3, 1972 with respect to the land of 9,124 square meters (hereinafter “instant land”).

B. At present, one grave (hereinafter referred to as “one grave”) is connected on the ground surface of the portion on the ground (hereinafter referred to as “three-party grave”) connected in order to each point of 86, 87, 88, 93, 94, 95, and 86, among the land in this case, to each point of 8, 89, 90, 91, 92, 93, 88, and 10 square meters on the ground (hereinafter referred to as “second-party grave”) and one grave on the ground (hereinafter referred to as “one grave”) connected in order to each point of 10 square meters on the ground (hereinafter referred to as “three-party grave”), the same drawing indication, 103, 104, 97, 98, 99, 100, 101, 102, and 96, each part of “one grave on the ground”) connected to each point of 10 square meters on the ground.

C. The first and second graves are those of the Defendant’s high tide D and the network E, his wife, and the third and fourth graves are those of the Defendant’s increased net F, and their wife. D.

For the purpose of protecting graves, the Defendant occupies a part of 243 square meters in the ship connecting each point of 75, 76, 77, 78, 78, 79, 80, 81, 82, 83, 84, 85, and 75 of the current drawings (hereinafter referred to as the “land occupied in this case”).

[Based on Recognition] A without dispute, Gap evidence Nos. 1 through 3 (including each branch number, if there is a branch number; hereinafter the same shall apply), Eul evidence Nos. 1 and 4, and the result of each request for measurement and appraisal to the Korea Land Information Corporation and the Young-gu branch of the National Land Information Corporation in this Court, the purport of the whole pleadings

2. The parties' assertion

A. The right to grave base was not established for the said graves, since the remaining graves except for those No. 1 among the Plaintiff 1 through 4 were moved to the instant land, and twenty years have not passed since 20 years have not passed since she was moved to the instant land.

Therefore, each of the above graves.

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