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1. The Defendant shall in turn order the Plaintiff’s respective points indicated in the separate sheet No. 1, 2, 3, 4, and 1, among the 12,95 square meters of land and land C in Gyeong-gun, Chungcheongnam-do.
Reasons
1. Facts of recognition;
가. 원고와 피고의 조부(祖父)인 망 D은 일자불상경 경북 의성군 C 임야 12,995㎡(분할 전 면적: 14,281㎡, 이하 ‘이 사건 토지’라 한다)를 매수하였다.
It is unclear whether a person who sold the instant land to the network D is H, or not a person who purchased the instant land from H, or not.
B. The Plaintiff’s mother, E, based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”), completed the registration of ownership preservation on the instant land (hereinafter “E ownership preservation”) on April 8, 1995.
C. On September 17, 2004, the Plaintiff completed the registration of transfer of ownership on the ground of donation on September 16, 2004 (hereinafter “registration of transfer of ownership in the name of the Plaintiff”).
On April 27, 2018, the Defendant: (a) installed one cemetery stone (hereinafter “instant cemetery”) on the ground of the instant land in line with each point of the table 1, 2, 3, 4, and 1 of the annexed drawings among the instant land, and installed one cemetery stone (hereinafter “instant cemetery”) on the ground of the instant land, which connects each point of which, in turn, is 2, 5, 6, 3, and 2 of the annexed drawings, connected each point of which, without obtaining permission from the Minister of the Korea Forest Service, etc., with a view to removing the tomb of the network G, the father and the mother, who is the Defendant’s father, with the aim of cutting off the tomb of the instant land in line with the intent of the Defendant’s father; and (b) installed a net F and net G grave (hereinafter “instant grave”) on the ground of part 1 square meters in line with each point of the same drawings.
E. The Defendant was indicted with summary order of KRW 2,00,000 on January 24, 2019 on the charge of cutting down trees and other trees owned by the Plaintiff on the ground of the instant land without obtaining permission from the Minister of the Korea Forest Service, etc., and issued a summary order of KRW 2,00,000 on the ground of the instant land (this Court Decision 201Da814).