1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On December 11, 2009, the Plaintiff completed the registration of transfer of ownership with respect to forest E-, 61,686 square meters (hereinafter “Plaintiff-owned land”) in Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).

B. On February 3, 2010, the Plaintiff divided the size of 4,958 square meters, among E forest land 61,686 square meters into F forest land 4,958 square meters. On September 28, 2011, the Plaintiff completed the registration of transfer of ownership on September 27, 201 with respect to F forest land 4,958 square meters (hereinafter “Defendant B and Selection”) divided to Defendant B, Appoint C (hereinafter “Defendant B and Selection”) as above, G, and H (the registration conversion was made with 4,939 square meters prior to I day, and the same was referred to as “land owned by the Defendant”).

After the registration of transfer of ownership, the Defendants, a couple, installed a parent funeral in the designated land owned by the Defendants C.

C. The Defendants, from April 8, 2012 to April 8, 2012, installed a tombstone on the land owned by the Defendants and the instant land adjacent thereto, as shown in the separate sheet. D.

The rent of the instant land is KRW 11,410 per annum from April 1, 2012 to March 31, 2014, and KRW 11,700 per annum from April 1, 2014 (=468,000 x 2.5%).

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 10 through 12 (including branch numbers), Eul evidence No. 1, Eul evidence No. 1, the result of on-site verification conducted by the court of first instance, the result of the survey and appraisal conducted by the court of first instance, the result of the request for the supplementation and supplementation of the appraisal by the court of first instance, and the purport of the whole pleadings.

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to deliver the instant land to the Plaintiff, barring any special circumstance, and pay a reasonable amount of unjust enrichment as to the instant land, as long as they occupy the instant land as a parent cemetery C, which is owned by the Plaintiff.

B. The Defendants asserted that the Plaintiff permitted the Plaintiff to use the instant land as a cemetery.

The facts of the recognition, the above recognition, and the parties.