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1. The defendant shall be the plaintiff.
A. The attached appraisal Nos. 13, 14, 15, 16, 17, among the land size of 1260 square meters in the window of Changwon-si, Changwon-si.
Reasons
1. Facts of recognition;
A. On June 9, 1982, the Plaintiff completed the registration of ownership transfer with respect to C Cemetery C, Changwon-si, which is 1260 square meters of land.
B. Of the above graveyards owned by the Plaintiff, the attached appraisal is installed 13, 14, 15, 16, 17, 18, 19, 20, and 13 on the ground of the part inside the ship connected with each point of 318 square meters in sequence 13, 14, 15, 16, 17, 18, 19, 20, 20, and 13 (hereinafter “instant graveyard”), four graves of the Defendant’s lighting D, Mamo E, father F, and Mo G (attached appraisal is 9, 22, 23, and 24; hereinafter “each of the instant graves”).
C. The Defendant occupies the instant cemetery for the purpose of protecting and managing each of the instant graves.
[Ground of Recognition] Facts without dispute, Gap 1 through 4 (including partial numbers), Eul 1 (including paper numbers), the result of this court's request for surveying and appraisal to the Vice-Governor of Changwon-dong, Korea Land Information Corporation, the purport of the whole pleadings
2. Assertion and determination
A. According to the above facts, the Defendant, without legal title, has the obligation to excavate each of the instant graves to the Plaintiff and deliver the instant graveyard to the Plaintiff, barring any special circumstance. 2) Furthermore, the Defendant occupied and used the instant graveyard, which is owned by the Plaintiff, thereby gaining profits equivalent to the rent without legal grounds. Inasmuch as the Plaintiff suffered damages equivalent to the same amount of money, the Defendant is obligated to return unjust enrichment to the Plaintiff.
In full view of the results of the commission of appraisal of the rent to appraiser H and the purport of the entire pleadings by this court, as claimed by the Plaintiff, the rent for the graveyard of this case from February 15, 2007 to November 26, 2017 is KRW 3,405,000 as shown in the annexed rent list, and the rent after November 27, 2017 is presumed to be KRW 40,250 per annum (year 483,000 ± 12).
Therefore, the defendant shall pay to the plaintiff KRW 3,405,00 and it.