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(영문) 부산고등법원 2020.01.08 2019누21832

건축허가신청 불허가처분취소청구의 소

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff’s natural burial ground development application and permission grounds 1) The Plaintiff’s natural burial ground development application and permission grounds 10,865 square meters in Busan-gun, Busan-gun are the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

(2) On August 19, 2014, the Plaintiff filed an application for permission to develop a natural burial ground (hereinafter “instant natural burial ground”) under Article 16 of the Act on Funeral Services, Etc. (hereinafter “instant natural burial ground”) with the Defendant of a religious organization, but the Defendant rejected the Plaintiff’s application on October 9, 2014.

On October 21, 2014, the Plaintiff filed an administrative appeal seeking the revocation of the return disposition with the Busan Metropolitan City Administrative Appeals Commission, and the Busan Metropolitan City Administrative Appeals Commission revoked the above return disposition on November 19, 2014.

Accordingly, on December 26, 2014, the defendant rejected the plaintiff's application again, and the plaintiff filed a lawsuit seeking revocation of the above disposition and finally revoked the defendant's above disposition, which became final and conclusive.

(B) The Plaintiff filed an application for permission to develop a natural burial ground of this case with the Defendant on September 21, 2016, pursuant to Article 16(5) of the Funeral Services, etc. Act and Article 12 of the Enforcement Rule of the same Act on December 6, 2016 (hereinafter “instant natural burial ground development permission”) on the condition that “management office, convenience facilities for bereaved families, common meeting for convenience, and parking lots” should be prepared” (hereinafter “instant natural burial ground development permission”).

B.

The plaintiff's application for permission and the defendant's non-permission.