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(영문) 부산고등법원 2016.08.12 2016누21008
산지전용허가거부처분취소 등
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The Plaintiff’s foundation foundation established the Plaintiff’s foundation with approximately KRW 194,578 square meters of forest land in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S. as the business site, and completed the establishment registration on July 13, 2007 with the permission of incorporation on July 2, 2007, by using approximately KRW 194,578 square meters of forest land in Ulsan-gun, Ulsan-gun as the business site for the creation and operation of charnel park facilities on the ground.

B. On May 21, 2008, the Plaintiff submitted to the Defendant a proposal for the formulation of an urban management plan on the charnel facilities and access roads with a project period of 107,495 square meters of forest land in Ulsan-gun, Ulsan-gun, Seoul-gun, in two documents, for a project period of 107,495 square meters, “from 2007 to 2030”, and with a 92,000 square meters amount, the Defendant returned the proposal to the Defendant on July 16, 2008, stating that “the supply and demand plan for the charnel facilities in Ulsan-gun Metropolitan City is adequate for 2020 years.” The number of 92,000 square meters applied by the Plaintiff exceeds the quantity of demand under the mid- and long-term supply and demand plan for funeral facilities in Ulsan-gu, Ulsan-do, the area secured by the Plaintiff in the case of access roads is merely inappropriate for 00%, and the Plaintiff returned the proposal to the Defendant’s 2080-1, etc.

On the other hand, the plaintiff asserts the part of the funeral facility supply and demand plan among the grounds for the above return by the defendant.

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