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Reasons
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(영문) 대전지방법원홍성지원 2014.10.29 2013가단4371
분묘철거 등
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1. On the Plaintiff (Counterclaim Defendant),

A. Defendant A shall indicate the annexed drawings among the real estate listed in the attached list, 37, 38, 39, 40, 41, 41.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer as the receipt No. 6758 on June 23, 1983 with respect to the real estate listed in the separate sheet (hereinafter “instant land”).

B. Of the instant land, on the ground of the size 1,729 that indicated in the separate drawing, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 48, 49, 50, 51, 52, 53, 54, and 37, the two graves (e.g., display of drawings) managed by the Defendant A, and eight graves (e., 11, 14, 15, 16, 17, 18, 19, and 20) of the instant land, there are 28, 29, 31, 32, 33, 34, 35, 36, and 37, and each of the above (e.g., 45 square meters of the instant land) of the instant land.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, result of survey and appraisal by appraiser C, purport of the whole pleadings

2. Determination

A. According to the facts on the claim against Defendant A and B, Defendant A is obligated to excavate a grave of 26,27 on the ground of (b) part of the instant land and deliver the said land to the Plaintiff. Defendant B is obligated to excavate a grave of 11,14, 15, 16, 17, 18, 19, and 20 on the ground of (b) part of the instant land, and to deliver the said land to the Plaintiff.

B. According to the above facts in light of the judgment on the claim (1) of the defendant clans, the defendant clans has the duty to excavate the plaintiff's graves 2, 3, 4, and 5 on the ground of the part (1) of the land of this case and deliver the above land, unless there are special circumstances.

(A) Although the Plaintiff also sought the digging of one grave, most of the above graves exist in the neighboring land of the instant land, and there were no specific parts to be removed on the instant land. Therefore, the claim against the said grave is without merit. (2) Determination on the defense and counterclaim (A) Defendant clan’s assertion.

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