종교단체 자연장지 조성허가 이행사항 취소처분 취소청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On February 8, 2017, the Plaintiff entered into a sales contract with B to purchase C Forest land of 20,826 square meters (hereinafter “instant forest”) in Yangju-si, and completed the registration of ownership transfer on April 5, 2017.
On April 7, 2017, the Plaintiff filed an application with the Defendant for permission to develop a natural burial ground with the content of developing a natural burial ground in the instant forest (hereinafter “instant application”). On June 16, 2017, the Defendant notified the Plaintiff of the implementation of the plan to undergo environmental impact assessment if the natural burial ground is subject to environmental impact assessment. On October 12, 2017, the Plaintiff filed an application with the Defendant for permission to develop and alter a natural burial ground with the content that reduces the development area of the natural burial ground to 6,878 square meters below the applicable standard for environmental impact assessment (hereinafter “instant implementation notification”). On October 30, 2017, the Defendant issued a notification to the Plaintiff on the implementation (hereinafter “instant implementation notification”).
On May 9, 2018, the Defendant issued a disposition to revoke the Plaintiff’s implementation of permission for the creation of a religious natural burial ground (hereinafter “instant disposition”) to revoke the instant implementation notification on the ground that “the substance of a religious organization is unclear, the financing plan is unclear, and multiple local residents’ civil petitions arise” (hereinafter “instant disposition”).
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 19, Eul evidence No. 5, and the purport of the whole pleadings as to the legitimacy of the disposition of this case is a religious organization which has the substance as a church belonging to the Dongcheon-gu Council of D Religious Organizations established in Bupyeong-si around 2007 and has the ground for disposition of this case.
In addition, the Plaintiff may raise funds through the amount of credit to be distributed in the auction procedure for the donation distribution of 680 million won and Mayang-gu E-1,461 square meters of forest land and 34,909 square meters of forest land (hereinafter “E”) in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul. In addition, the Plaintiff may raise funds through the amount of credit of 1.3 billion won.