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(영문) 광주지방법원 2017.10.19 2017구합312

분묘이전명령 및 이행강제금 부과처분취소

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1. The part concerning the claim for cancellation of the order to relocate a grave among the instant lawsuits shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. Basic facts

A. On April 15, 2008, the Plaintiff: (a) installed one grave, where his father’s body was buried in Pyeongtaek-gun B (hereinafter “B grave”); and (b) on May 25, 2008, 12 graves, where the body of his family was buried in C, were installed.

(hereinafter referred to as “C grave,” and “each of the instant grave,” including B and C, shall be deemed as “each of the instant grave,” and collectively referred to as “each of the instant grave,” (No. 13, No. 3, and No. 4).

On May 21, 2014, the Plaintiff issued a summary order of KRW 3 million to the Plaintiff on the charge that “the Plaintiff established 16 family graveyard on each of the instant sites without obtaining permission from the Mayor, etc.”

(No. 10)(A. 10)(No. 10). (C. 2014 Highest 1192)

The Defendant rendered the following dispositions in relation to each of the instant graves.

1) The reason why the Plaintiff installed a grave without obtaining a permit to relocate the grave up to 2012-04-12 to 2011, which was the ground for the previous disposition date of the disposition, was that it failed to comply with the disposition of imposition of KRW 5 million for non-performance penalty of KRW 1, 2012-04-12 for non-performance penalty of KRW 4,000,000 for non-performance penalty of KRW 4,000,00 for non-performance penalty of KRW 4,00,000 for non-performance penalty of KRW 4,00,000 for non-performance penalty of KRW 4,00,000 for non-performance penalty of KRW 4,00,00 for non-performance penalty of KRW 205-2,000 for non-performance penalty of KRW 5,00,00,000 for relocation of the grave, and each of the above disposition of imposition of KRW 4,201-15,000.