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1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) is from the Plaintiff (Counterclaim Defendant A).
Reasons
1. The court of first instance, among the plaintiffs' claims, partly accepted the claim by the court of first instance, the claim for return of unjust enrichment, and dismissed the removal of grave and the claim for delivery of site on the land indicated in the attached list (1) of real estate.
This Court's trial scope is limited to the claim(1), (2), (3) and (4) of the defendant's objection as to the part against which the first instance court lost.
2. Basic facts
A. The plaintiff clan has long owned the land listed in paragraph (1) of the attached Table No. 1 (hereinafter referred to as "the land No. 1 of this case"), the land listed in paragraph (3) of the same list (hereinafter referred to as "the land No. 2 of this case"), the land listed in paragraph (5) of the same list (hereinafter referred to as "the land No. 3 of this case"), and the land listed in paragraph (6) of the same list (hereinafter referred to as "the land No. 4 of this case"), and the land listed in paragraph (6) of the same list (hereinafter referred to as "the land No. 4 of this case" of this case. As to the land No. 1 of this case, the plaintiff clan completed the registration of ownership transfer in its name on July 31, 202, and completed the registration of ownership transfer on the land No. 2, 3, and 4 of this case on March 21, 1985.
B. Of the land No. 1 of this case, there is a tombstone for the Plaintiff’s clan as indicated in the attached drawing (1). The Plaintiffs have been responsible for managing the tombstone and each of the land of this case, and have the Defendant prepare for the tombstone with the revenues derived from each of the land of this case (hereinafter “the management contract of this case between the Plaintiff and the Defendant”).
The defendant is from among the land No. 1 of this case since 20 years ago.