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(영문) 수원지방법원 2015.07.16 2014나19827
토지인도 등
Text

1. The part on the delivery of land in the judgment of the first instance shall be modified as follows:

The Defendants are gameed against the Plaintiff B.

Reasons

1. Facts of recognition;

A. On May 11, 1976, Plaintiff B, as the children of the deceased G, installed a grave within 32 square meters of the part inside the ship connected with each point of Annex 1, Annex 9, 19, 20, 21, 22, and 9 among the land of this case (hereinafter “the first grave of this case”), and buried G, and thereafter, occupied and managed the first grave of this case until now.

B. On July 16, 1983, Plaintiff A, as the children of the net G, died on July 16, 1983, Plaintiff A installed a grave within 26 square meters of the part inside the ship connecting each of the points of Annex 1, Annex 23, 24, 25, 26, and 23, among the land of this case, and buried Plaintiff A’s grave (hereinafter “the second grave of this case”), and thereafter, he occupied and managed the second grave of this case until now.

C. Meanwhile, on October 20, 1983, Plaintiff A completed the registration of ownership transfer on the ground of property inheritance on July 16, 1983 with respect to the third tenth shares of the land of this case, adjacent to the land of this case No. 1, and is currently co-owners of the land of this case.

Defendant D completed the registration of ownership transfer on the land of this case on January 11, 2002 due to inheritance by agreement division on September 12, 2002, and completed the registration of ownership transfer due to sale on September 9, 2002 to Defendant C. The Defendants continue to use and occupy the land of this case jointly.

[Ground of recognition] A without dispute, each entry and video of Gap evidence 1 through 4 (including each number), the result of each appraisal by the first instance court appraiser I, the result of the on-site inspection by the court of the first instance, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. According to the 1st decision on the cause of the claim, the land transfer Plaintiffs, based on the 1st decision on the right to grave base, sought against the Defendants the transfer of each grave cemetery on the basis of the right to grave base for the first and second seedlings of this case, and according to the above fact of recognition, Plaintiff B, and Plaintiff A have the right to remove and safeguard the deceased H, respectively, and the 1st and second of this case.

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