logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.01.30 2018구합1818
묘지이전명령처분취소
Text

1. On July 5, 2018, the Defendant issued an order to relocate a cemetery located in Pyeongtaek-si D (not later than March 31, 2019) to the Plaintiffs on July 5, 2018.

Reasons

1. Details of the disposition;

A. Plaintiff B, around 198, around 1991, Plaintiff C installed each body without reporting or obtaining permission from the competent administrative agency on the land of Pyeongtaek-si (hereinafter “instant land”) around 2007, and each body was buried in the body.

B. On July 5, 2018, the Defendant: (a) installed each cemetery in violation of the provisions of Articles 4 and 8 of the former Burial and Graveyard, etc. Act (wholly amended by Act No. 6158, Jan. 12, 2000; hereinafter “former Burial Act”); and (b) the Plaintiff C installed each cemetery in violation of Article 14(3) of the Act on Funeral Services, Etc. (hereinafter “the Funeral Act”); and (c) issued an order to transfer each cemetery (hereinafter “each of the instant dispositions”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. 1) The plaintiffs' assertion 1) The land of this case consists of descendants of EC 56 years of age F, G clan (hereinafter "the clan of this case").

As a clan cemetery established lawfully in accordance with the old Burial Act, 22 graves of F descendants, including the mutual aid of the plaintiffs, are each installed. Therefore, it is lawful for the plaintiffs to install each grave of their own parents on the land of this case, which is a clan cemetery.

Even if the plaintiffs were to build each cemetery without the report or permission under the former Burial Act or the Funeral Act, the plaintiffs B and A set up each cemetery in 198 and 191. According to Article 5 of the former Burial Act, burial was defined as the reported matters, and the plaintiff C prescribed as the reported matters under Article 14(2) of the Funeral Act in 2007.

arrow