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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Details of the disposition
In around 1988, the Plaintiff purchased land B in the name of his/her spouse, and thereafter, he/she has been in charge of a total of 6 equipment, including a high-parent, great-parent, grandparents, grandparents, parents, and the Plaintiff’s five or allied tomb, etc. (hereinafter collectively referred to as “each of the instant graves,” and individually, the number indicated below is specified as follows). On October 24, 2017, the Defendant ordered the Plaintiff to move his/her family cemetery without obtaining permission for the establishment of a family cemetery under Article 14(3) of the Act on Funeral Services, Etc. (hereinafter referred to as “the Funeral Act”). In accordance with Article 31 subparag. 1 of the Funeral Act and Article 21(1) of the Enforcement Rule of the same Act, the Defendant ordered the Plaintiff to move his/her family cemetery by March 27, 2018.
(hereinafter “Disposition” (hereinafter “instant Disposition”). Inasmuch as there is no dispute, Gap’s evidence Nos. 1 through 3, Eul’s statement or video evidence Nos. 1 through 4, the purport of the entire pleadings, and the purport of the disposition of this case as to the legitimacy of the disposition of this case, the purport of the Plaintiff’s assertion as to whether the disposition of this case is legitimate is legitimate, it shall be deemed that the Plaintiff’s family cemetery, a private graveyard, was legally established pursuant to Article 3 of the Addenda of the former Burial and Graveyard, etc. Act (amended by Act No. 799 of Dec. 5, 1961; hereinafter “former Burial Act”) was established prior to the enforcement of the former Burial, etc. and Graveyard Act (hereinafter “former Burial Act”).
On February 10, 1996, the Plaintiff transferred the Plaintiff’s ancient seedlings, tombstones, and her mother’s funeral which were buried in another place to a legitimate family cemetery, and buried in a memorial cemetery (the first tomb), and buried in a memorial cemetery (the second tomb), and reported to the competent Mayor. As such, it cannot be deemed that a new grave was installed or a family cemetery was installed.
Therefore, the instant disposition is rendered.