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(영문) 인천지방법원 2015.01.15 2014구합30958
봉안당 설치신고수리처분취소의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. C was a member registered with A religious organization on March 1, 2006, and on December 13, 2007, the Defendant filed a report on the installation of charnel facilities with respect to the charnel party and temple on the third floor size on the D ground of Kimpo-si, Kimpo-si. Accordingly, the Defendant accepted the report on the installation of charnel facilities for religious organizations on January 21, 2008.

After that, C made an additional report on the establishment of a tombstone, and the defendant accepted the above report on October 20, 2010.

(hereinafter referred to as “instant charnel facility” in total, including the above charnel hall, charnel cemetery, and temple. (b)

After that, as to the instant charnel facility and site, the registration of ownership transfer was completed on August 22, 2013 with respect to the instant charnel facility and site, as Incheon District Court support E, and F acquired ownership by winning a successful bid on August 14, 2013. After doing so, F donated it to the Intervenor joining the Defendant (hereinafter “ Intervenor”) who is represented by himself/herself, and completed the registration.

C. On December 9, 2013, the Intervenor reported the change of the custodian of the instant charnel facility to the Defendant regarding the instant charnel facility, and the Defendant asked the Ministry of Health and Welfare about the method of handling the reported matters, and followed the consultation process by making the said report a new facility building report. On January 14, 2014, the Defendant rejected the Intervenor’s application on the ground of “the father’s consent by the commander of the jurisdictional unit related to the protection of military bases and installations”

On January 29, 2014, the intervenor filed a report on the establishment of a religious charnel hall and charnel grave to the Defendant on the instant charnel facility, and the Defendant accepted the Intervenor’s report on the establishment of a religious charnel hall and charnel grave on March 7, 2014 through the consultation process with relevant departments and competent military units.

(hereinafter “instant disposition”) e.

The Plaintiffs are residents residing in Kimpo-si G in which the instant charnel facility is located.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 to 3, 5 to 7, Eul evidence 1.

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