The plaintiffs' appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The first instance court.

The reason why our court's explanation about this case is the same as that of the part of the judgment of the court of first instance. Thus, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(The plaintiff's disposition of this case also deviates from the scope of discretion or abused discretion and was unlawful in violation of the principle of trust protection. Although the family cemetery of this case is located within 300 meters on the road, it is "if there is no obstacle to the function, use, etc. of the road in view of land or topography situations," Article 15 [Attachment 2] of the Enforcement Decree of the Funeral Services Act.

2. (f) The assertion that the proviso constitutes an exceptional reason for the establishment of a private cemetery. However, the above provision is based on Article 14 and Article 6 of the Act on Funeral Services, Etc., which delegated matters concerning the establishment area of a private cemetery, the shape of a grave, the location of a grave, and other installation standards to the Presidential Decree, and the “recognition” itself is the authority of the Mayor, etc., so long as the Plaintiffs’ assertion is without the permission of the Defendant having jurisdiction over the relevant cemetery while establishing the family cemetery of this case

The appeal by the plaintiffs is dismissed for lack of reason, and the costs of appeal are assessed against the losing plaintiffs.