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(영문) 광주지방법원 2015.07.23 2015구합10612
입안제안 거부처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On November 2014, the Plaintiff submitted to the Defendant a proposal for the Sinung-gun Management Plan (Public Health Facility: Cemetery) with the content of the establishment of a private corporate cemetery in accordance with Article 26 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 20 of the Enforcement Decree of the same Act, in order to establish a private corporate cemetery, on a 208,705 square meters and 205 square meters (hereinafter “the instant application site”) located in the instant application site (hereinafter “the instant common cemetery”).

B. On January 6, 2015, the Defendant: (a) held a Committee on Gun Planning ofY-gun and received advice from its members; and (b) notified the Plaintiff on January 14, 2015, that it would not reflect the formulation of the Si/Gun management plan on the following grounds (hereinafter “instant disposition”).

Grounds for non-Reflection

(a) An urban/Gun management plan for the 2015 He/she shall be non-permanentized;

(b) Occurrence of pollution factors of water sources and damage to the image of a clean water source;

(c) inappropriate for geographical common graveyard sites;

(d) The fact that it does not conform to the purpose of determining urban or Gun planning facilities;

(e) The fact that there is no dispute over the need for the installation of additional cemeteries in our armed forces (based on recognition), the entries in Gap evidence 2, 3, 4, Eul evidence 1, 12, 15, and the purport of the whole pleadings

2. The plaintiff's assertion and relevant Acts and subordinate statutes;

A. The Plaintiff’s assertion is unreasonable and unreasonable in all of the grounds for the instant disposition. The establishment of the instant common cemetery in compliance with the relevant statutes and there is no other defect that may otherwise be in violation of the relevant statutes. The residents of the nearest village in the site of the instant application agree with 100% of the establishment of the instant common cemetery, and there is a low possibility of water pollution or environmental pollution due to the installation of the instant common cemetery, and the common cemetery of this case is located.

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