1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On December 27, 1990, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff with respect to the Yongsan-si 31-1, Yongsan-si, the wife population, and at that time, established a clan cemetery on the ground above (hereinafter “instant cemetery”).

B. On October 2, 2014, the Defendant ordered the Plaintiff to transfer the instant cemetery pursuant to Article 31 subparag. 1 of the Funeral Services, etc. Act on the ground that the Plaintiff established the instant cemetery without obtaining permission for installation.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence 1, 2, Eul evidence 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion was erroneous in establishing the instant cemetery without obtaining permission in around 1990, the former Burial and Funeral Services Act (amended by Act No. 5453, Dec. 13, 1997; hereinafter the same) which was enforced at the time of the establishment of the instant cemetery did not have any ground for taking administrative dispositions, such as a transfer order, etc., as the instant disposition. Therefore, the instant disposition in accordance with the Act on Funeral Services, etc., which was an Act in force at the time of the instant disposition, was retroactively applied.

In addition, although the size, size, etc. of the instant cemetery meet the requirements prescribed by the Act on Funeral Services, etc., the instant disposition to transfer the instant cemetery established 25 years prior to the time of the establishment of the instant cemetery was unlawful as it was an abuse of discretion.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Article 8(2) of the former Burial and Graveyard, which was enforced by the Plaintiff at the time of the establishment of the instant cemetery, provides that “a person who intends to establish a private cemetery, a private crematorium, or a private charnel house, as prescribed by Presidential Decree, shall obtain the permission of the Governor.” The former Burial and Graveyard shall be subject to the permission of the Governor.