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(영문) 광주고등법원 2018.01.25 2017누3501
봉안당수리처분무효등확인 청구의 소
Text

1.(a)

The part of the judgment of the first instance against the plaintiff AU shall be revoked.

B. Of the instant lawsuit, part of the Plaintiff AU’s lawsuit is relevant.

Reasons

1. Details of the disposition;

A. On August 20, 2015, the representative BK of the Defendant’s Intervenor’s Intervenor (hereinafter “Supplementary Intervenor”) filed a report on the installation of a religious organization’s inurnment hall (hereinafter “instant report”) with the Defendant, 676.06m2 (hereinafter “instant inurnment hall”) with which the Defendant may possess 3,936m2 in BM, BT, and BU in the name of the Intervenor.

B. On August 21, 2015, the Defendant consulted with the relevant departments as to whether the instant bill was in violation of relevant statutes, and sent the following replies on August 27, 2015, respectively, to the Korean History & Urban Project Association on August 21, 2015, to the construction permit division on August 25, 2015, to the general department of safety, and to the city division on August 27, 2015.

The Historical and Urban Project Association: Construction permit and construction permit for no relevant matter (to perform the duty to report after the suspension of construction at the time of sanding and preserving the current status): The relevant purpose of use shall be a religious facility (a wing party): A general department for safety not subject to the Building Act, such as alteration of purpose of use, alteration of indication, etc.: A city and a city having no relevant matter: A special-purpose area for a site for which an application is filed shall be 40% or less of the building-to-land ratio in accordance with urban planning ordinance at the time of leaving the planned management area

C. On August 28, 2015, the public official in Naju-si confirmed the site on which the instant charnel Party is to be established, and on August 31, 2015, reported the outcome of the business trip to the effect that there is no violation of Article 15(1) of the Act on Funeral Services, Etc. for the Establishment of Religious Charnel Party (hereinafter “the Funeral Act”) and Article 18 of the Enforcement Decree of the Act on Funeral Services, Etc. (hereinafter “Enforcement Decree of the Funeral Act”).

On September 9, 2015, the Defendant notified BK of the details of the prior implementation of the instant report (hereinafter “instant prior implementation details”) to the representative of the Intervenor, and the details thereof are as follows.

Religious organizations' establishment standards and implementation conditions of funeral facilities (BJ) and ① the remains of religious organizations (BJs) and their family relationships, and 3,936.

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