1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of the pertinent land, “Yansan-gun D Forest land 9798 square meters” (hereinafter “instant land”).

B. On the instant land, there is one grave in the part of the instant land (hereinafter “each of the instant graves”) connected in sequence 5, 6, 7, 8, 9, and 5 of the said drawings, which connected each point of (i) a grave in the part of the instant land, which is indicated in the annexed drawing Nos. 1, 2, 3, 4, 1, and 5 of the said drawings.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 3 (including a branch number; hereinafter the same shall apply) and the result of commission of appraisal to the Korea Land Information Corporation, the purport of the whole pleadings

2. The plaintiff seeking the restoration of a grave and the transfer of land on the premise that the defendant B is the custodian and custodian of the grave of this case. However, there is no evidence to acknowledge that the defendant B is the custodian and custodian of the grave of this case. Thus, the main claim is without merit.

2. Judgment on the conjunctive claim

A. Defendant C’s judgment as to the cause of the claim does not conflict between the parties, and the Plaintiff, the owner of the instant land, is entitled to file a claim for removal of disturbance against the person who interferes with ownership. Thus, Defendant C is obligated to excavate each of the instant graves to the Plaintiff, and deliver the occupied portion of the instant graves to the Plaintiff, barring special circumstances.

B. Defendant C’s defense of prescriptive acquisition of the right to grave base is a defense that Defendant C had acquired the right to grave base by prescriptive acquisition of the right to grave base by setting up each of the instant graves for twenty (20) years and occupying the base in peace and public performance. As such, it is examined as to whether

If a grave is installed on another’s land without the consent of the owner, the right to grave base, which is a customary real right similar to superficies, shall be acquired by prescription when possession of the grave in a peaceful and public performance for 20 years, and the right to grave base shall be achieved by the purpose of protecting and breaking the grave.