분묘기지권의 시효취득에 관한 관습법 인정 여부 - 대법원 2017. 1. 19. 선고 2013다17292 전원합의체 판결 -

The Supreme Court has recognized the prescriptive acquisition of a graveyard on the land of another as one of the long-standing customary laws of our society; by so doing, has legally protected the social order surrounding those graveyards installed on the land of another, and peaceably and openly held in possession for no less than twenty years; has confirmed that the legal conviction of the members of the community in the said custom has unswervingly persisted for over fifty years ever since the Civil Act went into effect on January 1, 1960; and thus, has applied the said custom to this day. In this case(Supreme Court en banc Decision 2013Da17292 Decided January 19, 2017), Supreme Court declared, the right to a graveyard on another’s land, which a person prescriptively acquires by installing a grave on another’s land and peaceably and openly holding it in possession for twenty years, is a customary real right similar to the right of superficies, and has been recognized as a legal norm and a long-standing custom and practice. This legal norm should be deemed to have been, and continue to be, applicable to those graves installed before January 13, 2001, when the Funeral Act (No. 6158) went into effect.