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(영문) 대구지방법원 2018.09.20 2018구합21134

종교시설 봉안당설치변경신고 반려처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 27, 2011, the superintendent of the Office of Education of the Gyeong-do, the Gyeong-do Office of School Environmental Sanitation and Cleanup Zone was merged into D kindergarten (hereinafter referred to as “instant kindergarten”) that is scheduled to open a kindergarten as of March 1, 2013 (hereinafter referred to as “instant kindergarten”) with the area of 1,329 square meters in Gu-si, Gu-si, Gu-si, Gu-si, Gu-si, Si-si, H 2,129 square meters, C 1,114 square meters in size on August 30, 2011.

(2) On January 13, 2012, the head of the District Office of Education of Gyeong-do Office of Education (amended by Act No. 13926, Feb. 3, 2016; hereinafter the same) conducted an assessment of educational environment regarding the establishment of the school, and determined the establishment of the school environmental sanitation and cleanup zone (hereinafter referred to as the “instant notification”) around the instant kindergarten scheduled to open to open in the future pursuant to Article 5 of the former School Health Act (amended by Act No. 13926, Feb. 3, 2016).

3) On November 29, 2012, the head of the office of education in the Gu-U.S. District Office of Education authorized the establishment of the instant kindergarten. (B) On January 2013, the Plaintiff notified the Defendant of the performance of the establishment of the instant kindergarten. (3) On January 1, 2013, the Plaintiff notified the Defendant of the establishment of the establishment of the instant kindergarten on the 72.56 square meters of a religious facility Fran-dong 72.56 square meters of a religious facility Fran-dong 72.43 square meters of a religious site in Gu-U.S., Si-si., and the Defendant notified the Defendant on February 1, 2013, by setting the period of business of the instant Fdong Do-dong Do 201, the number of safes, and matters to be observed.

2) Around February 2013, the Plaintiff reported to the Defendant on the installation and alteration of the franchisium in which the number of the franchisium in the instant Franchisium increases from 54 to 882 Gu, and the Defendant, on March 13, 2013, determined the number of the franchisium in the instant Franchisium in accordance with the content of the report on alteration, and notified the Plaintiff of the installation of the installation during the period from March 14, 2013 to March 13, 2014. (c) Around July 2013, the Plaintiff filed an application with the Defendant for the new construction of the franchisium in the old E, I, J, and K ground (pre-construction of the building). Accordingly, the construction permit was granted.