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(영문) 서울고등법원 2012.04.27 2011누32463
화장시설 설치신고 반려처분 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff sought revocation of the instant disposition and the Defendant’s revocation of the return of the report on the establishment of crematory facilities reported to the Plaintiff on April 11, 201. The first instance court dismissed the Defendant’s lawsuit against the Plaintiff on April 11, 201 on the part of the claim for revocation of the report on the establishment of crematory facilities reported to the Plaintiff, and accepted the part of the claim for revocation.

Since the defendant appealed against this, the subject of the judgment of the court is limited to the claim for cancellation of the disposition of this case.

2. Details of the disposition;

A. On March 1, 2006, the Plaintiff received a report on the installation of crematory facilities from January 21, 2008 to the Defendant on the second floor (hereinafter “instant land”) of the building on the second floor (hereinafter “instant building”) of the building (hereinafter “instant building”) of the same 237-1, and 237-2, on October 28, 201, when the Plaintiff was operating the charnel facilities from January 21, 2008 to the third floor of the building of the 3rd floor of the Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

B. On November 29, 2010, the Defendant rendered the instant disposition against the Plaintiff to return the report on installation of crematory facilities for the following reasons.

C. Pursuant to Article 43 (Restrictions, etc. on the Form of Buildings), subparagraph 12 of attached Table 17, and subparagraph 20 of attached Table 18 of the Ordinance on the Urban Planning of Drinking-si, Kimpo-si, it is possible to location

(a) Subparagraph 12 of attached Table 17 (any building allowed to be constructed within a preserved management area): Graveyard-related facilities (excluding crematory facilities);

(b) Subparagraph 20 of attached Table 18 (any building allowed to be constructed within a production control area): Graveyard-related facilities (excluding crematory facilities);

C. On April 11, 2011, the Defendant amended and notified the Plaintiff of the grounds for rejection of the instant disposition as follows.

C. Foods

(a) Article 30 of the Ordinance on Kimpo-si Urban Planning and Article 18 (Building within Production Control Areas) 20 of the attached Table 18 (excluding crematory facilities) of the Enforcement Decree of the Building Act.

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