(영문) 서울고등법원 2019.10.25 2019나2011461

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(영문) 서울고등법원 2019.10.25 2019나2011461

봉안당설치관리인변경신고절차이행청구의소

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1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In accordance with Article 8 of the former Burial and Graveyard, etc. Act (wholly amended by Act No. 6158, Jan. 12, 2000; Act No. 6158, Jan. 13, 2001; hereinafter “former Burial Act”), the term “permission for the establishment of private charnel houses” was issued on June 13, 200, with the term “AB and AC, area of 11,166 square meters, area of 11,166 square meters, and number of 20,000 square meters in the location of each State.”

B. As the former Burial Act was wholly amended on January 12, 200 to the Act on Funeral Services, Etc. (hereinafter “the Funeral Act”), the establishment and management of a private charnel house was modified to the competent authorities (Article 14(1)), and the establishment and management of a private charnel house (a private charnel facility) was newly established to the effect that a person who intends to establish and manage a private charnel house for the purpose of establishing and managing a private charnel house for the purpose of installing and managing a private charnel house (a charnel facility).

(Article 14(2) of the Funeral Act was wholly amended by Act No. 8489 on May 25, 2007, and the term “duct house” was changed to the term “marinium” (Article 2, Article 3 of the Addenda), and Article 15(4) of the Act provides that if a person intends to establish and manage a private charnel house (a charnel house), he/she shall report to the competent authority on the establishment and management of a private charnel house (a charnel house).

C. On October 30, 2005, the Plaintiff establishes an E and an incorporated foundation.

A contract for the establishment of a charnel house in paragraph (1) (hereinafter referred to as “instant charnel house”) was concluded, and the site for the project was secured, and the construction of a charnel house was promoted. The competent authority accepted the Plaintiff’s report on April 6, 2007 by changing the installation and manager of the instant charnel hall from E to the Plaintiff.

Since then, the plaintiff is an incorporated foundation of J et al.

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