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涉案墓地与案外人墓地的使用面积存在重叠,涉案墓地恢复原状将影响案外人合法权益,恢复原状不具备现实可行性。但墓地具有特殊使用性且承载着特殊情感和精神利益,涉案墓地事实上遭受了一定程度的侵占和损害,有违社会公序良俗,致使涉案墓地购买人遭受一定程度的精神痛苦。对于当事人精神损害赔偿的请求,可予以支持,以维护当事人合法权益。
The burial grounds involved in the case and the burial grounds of the foreigners overlap. The restitution of the cemetery involved will affect the lawful rights and interests of the foreigners and restitution will not be feasible. However, the cemetery has special usability and carries special emotional and spiritual interests. The cemetery involved in fact suffered a certain degree of encroachment and damage, which is against the public order and good customs, resulting in the suffering of the purchasers involved in the cemetery to a certain extent. The party’s mental damage compensation claims can be supported in order to safeguard the legitimate rights and interests of the parties.