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(영문) 창원지방법원 2018.07.04 2017구합51202
이전명령 취소청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On June 7, 2013, C religious organization D company D (hereinafter “D company”) obtained permission from the Defendant to create a natural burial ground (hereinafter “instant permission”) with a size of 7,450 square meters on the ground (hereinafter “instant land”).

B. E is widely known to D, and around 201, as well as G, which is the internal south of F and F, the birth of Dong residents, established and sold a stock farm in the name of D, and delegated F with the authority to carry out a stock farm project.

Accordingly, F and G performed the construction of a woodland, and G entered into an agreement with the Plaintiff on July 31, 2013 to jointly operate a woodland in the instant land (hereinafter “instant agreement”).

C. Around November 2013, the Plaintiff created a woodland on the instant land, and thereafter, from March 2014 to March 2014, the Plaintiff sold the instant woodland to 218 while operating the woodland.

On April 6, 2017, the Defendant notified the Plaintiff of an administrative order to transfer, until April 10, 2018, 202 woodlands created on the instant land pursuant to Article 31 of the Funeral Services, etc. Act, on the ground that the Plaintiff created a woodland farm on the instant land without permission, in violation of Article 16(4) of the Act on Funeral Services, Etc.

(hereinafter referred to as “first disposition”). (e)

Since then on June 2, 2017, the Defendant issued a first disposition to the Plaintiff on the ground that the Plaintiff violated Article 16(4) of the Act on Funeral Services, Etc., on the ground that, as a result of re-verification of the site, the Plaintiff created an additional 9 stock farms on the instant land, the Plaintiff was prohibited from using the entire stock farm facilities.

(hereinafter referred to as "second disposition"; hereinafter referred to as "each disposition of this case"). / [Grounds for recognition] A, 2, 17, 18, 25 to 25.

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