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(영문) 대구고등법원 2019.09.27 2018누4664
종교시설 봉안당설치변경신고 반려처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the lower court’s acceptance of the first instance judgment is as stated in the reasoning of the first instance judgment, except for the part written by the lower court under paragraph (2) below, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Grounds for the judgment of the court of first instance on a part used by the court.

3. Paragraph (b) shall be raised in the following manner:

A person shall be appointed.

B. On January 13, 2012, before obtaining authorization for establishment of the instant kindergarten, the head of the District Education Office of Gyeong-do Office of Education established a school environmental sanitation and cleanup zone including the instant B Dong building through the instant public notice on January 13, 2012.

Reasons for judgment

1.(a)

2) We refer to the part). The instant public announcement (as of January 13, 2012) of this case (as of January 13, 2012), from the boundary line of the planned kindergarten site to 205,088.00 square meters, up to 50 meters in all directions, the instant public announcement of the modification (as of April 23, 2013 to 203,854.74 square meters) was established and the instant kindergarten was established, and the head of the said district office of education newly established and publicly announced the school environmental sanitation cleanup zone as follows, in line with the current status and location of the kindergarten on April 23, 2016 (as of April 23, 2016, the public announcement of the alteration of this case is referred to as “public announcement of the alteration”).

(C) On February 2018, the instant building that the Plaintiff reported the establishment of an enshrinement facility to the Defendant is located in the school environmental sanitation and cleanup zone prescribed in the instant alteration announcement.

2) Determination A) In a case where the instant disposition is unlawful due to the defect in the instant notice, as alleged by the Plaintiff, even if the instant notice becomes null and void and thus the establishment of school environmental sanitation and cleanup zone is not effective, as seen in the above facts of recognition, the instant notice of change made after the instant notice of change is issued.

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