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(영문) 광주지방법원 2017.03.23 2016구합10534
봉안당수리처분무효등확인 청구의 소
Text

1. The Defendant’s acceptance of the report on the establishment of a furnal to the Korean Buddhist Religious Organization BJ on October 8, 2015 is null and void.

Reasons

1. Details of the disposition;

A. Nonparty BK is a custodian of Korea-U.S. BJ. BJ. (hereinafter “BJ”) in the Korea-U.S. BL account located in BL at the State of BL.

BK, as the representative of BJ company on August 20, 2015, filed a report on the establishment of the Religious CM and two parcels (area 676.06 square meters) outside BM in the name of BJ company (hereinafter “the instant report”).

B. Upon receipt of the instant report, the Defendant asked the relevant Ministry, which is a relevant Ministry, whether the instant salary market was in violation of the relevant statutes, and then asked him/her whether the instant salary market was in violation of the relevant statutes, and from August 21, 2015, the same year.

8.In the course of twenty-seven (27) the following answers were received from the above Ministries:

- Safety Overall Division: None of the relevant matters (not a river area): - A special-purpose area of an application site shall be at least 40% of the building-to-land ratio to a planned control area; a funeral ground management facility (wing site register: 21.03% of the building-to-land ratio; 34.93% of the volume of the building); - There is no applicable category (Provided, That the construction permit and the relevant use shall not be subject to the Building Act, such as alteration of the purpose of use, display, etc., for a religious facility (a wing site).

C. Accordingly, on August 28, 2015, BN, an employee of the Defendant, conducted on-site inspections at a place where the BJ’s report on the installation of the winged Party was made, and reported on the results of on-site verification that the planned installation of the winged Party was “no violation of the establishment of the Religious Party pursuant to Article 15(1) of the Act on Funeral Services, Etc. and Article 18 of the Enforcement Decree of the same Act.”

In addition, on September 9, 2015, the Defendant notified BK of the prior implementation of the report on the installation of a charnel hall (hereinafter “the instant prior implementation”). The installation standards and the implementation conditions of a charnel hall are as follows: (i) the faith of religious organizations (BJs) and the remains of those who were in their family relations.

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