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1. The defendant is among the 67,240 square meters of C Forest in Kimcheon-si, Kimcheon-si.
(a) Appendix 9, 16, 17, 18, 19, 10, and 9, respectively.
Reasons
1. Facts of recognition;
A. The Plaintiff owns 1/4 shares out of 67,240 square meters of C Forest in Kimcheon-si (hereinafter “instant land”).
B. Of the instant land, on the ground of the following: “bb” and the part 196 square meters in size 196 square meters (hereinafter “Defendant-owned land”) connected with each of the points indicated in the annexed drawings No. 9, 15, 14, 13, 12, 11, 10, 19, 18, 17, 16, and 9, among the instant land, the land of this case is installed with a net D’s grave (hereinafter “b” indicating the extension thereof; hereinafter “b” graves indicating the extension thereof), which is the father of the Defendant (the mother), a deceased E grave (hereinafter “private grave,” indicated in the same drawings), and a seat, seat, seat, tin, and tin in the surrounding area of the instant land.
[Ground of recognition] A without dispute, Gap evidence 1, Eul evidence 1-2, Eul's evidence 1-3-2, Eul's evidence 2-3, Gap evidence 4 (including the paper number), the result of the request for each measurement appraisal to the Director of the Korea Land Information Corporation Kimcheon branch, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant, the third party owner of the land of this case, is obligated to excavate each of the above graves to the plaintiff who exercises the right to claim the removal of disturbance as co-owners of the land of this case, remove each of the above coordinates, net stone, and stone, and deliver the land occupied by the defendant to the defendant, except in extenuating
3. As to the Defendant’s assertion on prescriptive acquisition of the right to graveyard
A. Defendant’s assertion 1) Since the Defendant installed each of the above graves with the Plaintiff’s prior consent from the Plaintiff’s first-friendly net F, the right to graveyard on the land occupied by the Defendant was acquired by prescription. 2) It is not a domestic work.
However, since the defendant's father's father deceased and buried his father D occupied the land occupied by the defendant in a peaceful performance for 20 years from March 3, 1969 to 20 years, the right to graveyard on the land occupied by the defendant was acquired by prescription.
B. The above
A. 1 The judgment on the assertion of paragraph 1 was examined, and each of the above graves was installed by the Defendant with the consent of the deceased F.