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(영문) 인천지방법원 2011.08.24 2011구합93
화장시설 설치신고 반려처분 취소
Text

1. Of the instant lawsuits, the part of the claim for revocation of the report on the establishment of crematory facilities as of April 11, 201 shall be dismissed.

2...

Reasons

1. Details of the disposition;

A. On March 1, 2006, the Plaintiff received a report on the installation of crematory facilities from January 21, 2008 to the Defendant on October 28, 201, the second floor (hereinafter “instant land”) of the building (hereinafter “instant building”) on the second floor of the building (hereinafter “instant building”) where the Plaintiff was operating the charnel facilities for temples and religious organizations from around January 21, 2008 to the third floor of the building of the 3rd floor of the Kimpo-si, Kimpo-si, Kimpo-si.

B. On November 29, 2010, the Defendant rendered the instant disposition against the Plaintiff to return the report on installation of crematory facilities for the following reasons.

C. Pursuant to Article 43 (Restrictions, etc. on the Form of Buildings), subparagraph 12 of attached Table 17, and subparagraph 20 of attached Table 18 of the Ordinance on the Urban Planning of Drinking-si, Kimpo-si, it is possible to location

(a) Subparagraph 12 of attached Table 17 (any building allowed to be constructed within a preserved management area): Graveyard-related facilities (excluding crematory facilities);

(b) Subparagraph 20 of attached Table 18 (any building allowed to be constructed within a production control area): Graveyard-related facilities (excluding crematory facilities);

C. On April 11, 2011, the Defendant amended and notified the Plaintiff of the grounds for rejection of the instant disposition as follows.

(hereinafter “instant amendment notification”) D. D. D.

A. Under the provisions of Article 30 of the Ordinance on the Urban Planning of Kimpo-si and subparagraph 20 of attached Table 18 (other than crematory facilities (other than crematory facilities) of the Enforcement Decree of the Building Act, crematory facilities may not be constructed.

In addition, since the use of the present building is a wing place among graveyard-related facilities, the change of use of the building should be prior to the subsequent re-application.

(v) [Ground of recognition] unsatisfy, Gap evidence 1 to 5 (including each number), Eul evidence 1 and 2, the purport of the whole pleadings;

2. Of the instant lawsuit, the Plaintiff’s determination as to the legitimacy of the part concerning the claim for revocation of the instant amendment notification.

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