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(영문) 대구지방법원 2019.12.18 2019구합21810
지적분할 무효확인의 소 등
Text

All of the instant lawsuits are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The Plaintiff is the owner of 1,345 square meters prior to Yongcheon-si, Youngcheon-si (hereinafter “Plaintiff-owned land”). The Plaintiff is the owner of 2,46 square meters prior to the land owned by the Plaintiff (hereinafter “the land prior to the instant partition”). D Sejong-do Association (hereinafter “instant text”) is the owner of 2,466 square meters prior to the instant partition.

In accordance with Articles 79(2) and 81 of the Act on the Establishment, Management, etc. of Spatial Data (hereinafter “Spatial Data Management Act”), among the lands prior to the instant partition, the part of the land listed in the No. 1 and No. 2 in the separate sheet No. 1 and No. 2 (hereinafter “No. 1 and No. 2”) was applied to the Defendant for “the division of the land No. 1 and No. 2 into the land prior to the instant partition and the change of the land category No. 1 and No. 2 from the entire land to the cemetery” on the ground that the said part

(hereinafter “Application for Division and Land Category Change.” On October 10, 2017, the Defendant respectively permitted the instant application for Division and Land Category Change (hereinafter “Disposition 1”). Accordingly, each of the instant land before subdivision was divided and land category change was made by the sequence 1, 2, and the sequence 3, as indicated in the separate sheet (hereinafter “third land”).

On July 3, 2018, the instant sentence reported to the Defendant on July 3, 2018, that the land was developed into a natural burial ground during the door under Article 16(1)2 and (3) of the Act on Funeral Services, Etc. (hereinafter “the Funeral Act”), and the Defendant accepted it on July 13, 2018.

(hereinafter “Second Disposition”). Meanwhile, on November 13, 2018, the Defendant confirmed that five graves exist on the land of No. 1 and No. 2 and 25 were excavated through a field trip by a public official in charge of the competent affairs.

Accordingly, the defendant's establishment time of the above grave was enforced on January 1, 1962, and the Act on Burial, Graveyard, etc. and Graveyard, etc. was enacted on January 12, 200.

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