beta
(영문) 대구고등법원 2016.10.28 2016누4561

봉안당설치이행취소처분취소

Text

1. The defendant's appeal is dismissed.

2. The Intervenor joining the Defendant shall bear the costs of the intervention in the appeal.

Reasons

1. Details of the disposition;

A. On January 11, 2013, the Plaintiff notified the Defendant of the performance of the installation of the instant club (Fdong) on a 72.56 square meters away from the 72.56 square meters away from the 72.56 square meters away from the Dong-si Religious Site B, Gu-si (hereinafter “instant club”) to the Defendant.

(2) On February 1, 2013, the Defendant reported on the establishment of the instant charnel Party. On February 1, 2013, the Defendant notified the Plaintiff of the implementation of the installation by setting the period of business of the instant charnel Party, the number of fluorable tools, and matters to be observed. 2) Around February 2013, the Plaintiff reported on the alteration of the number of the fluorary mouths of the instant charnel Party to 828, and the Defendant, on March 13, 2013, notified the Plaintiff of the implementation of the installation by setting the period of installation from March 14, 2013 to March 13, 2014. < Amended by Act No. 11874, Mar. 13, 2013>

B. On July 7, 2013, the Plaintiff filed an application for change of a building permit with respect to the construction of a religious facility (building-F) on the Gumi-si B, C, D, and E. Accordingly, on September 17, 2013, the Defendant issued a building permit for the C Dong of the building area of 525.76 square meters, total floor area of 870.12 square meters, two stories (one story-style religious facility, and second floor-office) on the building site. 2) The Plaintiff newly built Cdong, and on July 7, 2014, the Defendant obtained approval for the use of “Dong name: Cdong, main use: Religious facility ( temple)” from the Defendant, and installed the facility on the Cdong 1 floor.

The location, etc. of C Dong and F Dong shall be as shown in the attached Form 1.

C. The previous disposition and the Defendant confirmed that, around June 2014, at the same time, there was no charnel facility in Fdong as a result of an on-site investigation after receiving a civil petition for the operation of the Plaintiff’s charnel hall from a nearby apartment residents of the instant charnel hall, while at the same time, it was installed and operated on the 1st floor of the newly constructed Cdong, which was not reported.

Afterwards, the Defendant issued the notice of the instant salary district office of education from the head of the education center of the office of education in Pyeongtaek-do on June 19, 2014, on January 13, 2012.