1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On June 25, 2015, the Plaintiff purchased D forest land 1,778 square meters (hereinafter “instant forest”) in a voluntary auction procedure (e.g., Gwangju District Court Netcheon Branch E) and completed the registration of transfer of ownership under the name of the Plaintiff on June 29, 2015.

B. Of the instant forests and fields, the land of this case is installed one grave of ten square meters (hereinafter “the instant grave”) and one grave of ten square meters (hereinafter “the instant grave”) on the ground that connects each point of 8,9,10,11, 12, 13, 14, 15, and 8 in sequence, among the instant forests and fields, the land of this case is located on the land of 70 square meters of “B” (hereinafter “the instant land”). The Defendant, the head of the deceased, who is the head of the Simar, occupies the instant grave as the captain of the instant grave, while protecting and managing the instant grave.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 3, result of field inspection by this court, result of entrustment of surveying and appraisal by the Korea Land Information Corporation, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, who is the management authority of the grave of this case, is obligated to excavate the grave of this case on the land of this case to the plaintiff, collect (or remove) the tomb of this case, deliver the land of this case falling under the base of the grave, and return the unjust enrichment from the possession and use of the land of this case to the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. Since the right to grave base was acquired with the consent of the owner of the instant forest at the time of installing the instant grave, or the right to grave base was acquired by prescription, the Defendant is not obligated to transfer the grave digging and land, return unjust enrichment, or pay the land rent to the Plaintiff.

(b) In a case where the land which is the basis of a relevant law grave is owned by a person other than the owner of the grave, and the owner of the land has consented to the establishment of the grave, the grave shall be owned.