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분묘기지권에 관한 소고-대법원 2017. 1. 19. 선고 2013다17292 전원합의체 판결을 중심으로 -

Author
나태영
Journal Title
민사법의 이론과 실무
Publication Year
2018
Topics
Summary

This paper discusses the acquisition of graveyard right through prescription, focusing on a Supreme Court ruling. It argues that the legal validity of the conventional customary law has been lost due to changes in the legal effect of graveyard right and the trend of strengthening land ownership after the enforcement of the Funeral Law in 2001, and expects a change in case law. It particularly points out that recognizing a permanent graveyard right based solely on 20 years of possession without the landowner's consent may infringe on private property rights.

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