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(영문) 대구지방법원 2016.02.03 2015구합23160
봉안당설치이행취소처분취소
Text

1. On June 10, 2015, the revocation of the Defendant’s disposition to revoke the establishment of a religious organization for the Plaintiff.

2...

Reasons

1. Details of the disposition;

A. A. On January 2013, the Plaintiff notified the Defendant of the performance of the installation of the instant winghouse (Fdong) and around 72.56m2,56m2 of the religious facility Franchising the Defendant of the 4,443m2 in the Gu-U.S. B religious site B, Gu-si (hereinafter “instant winghouse”).

(2) On February 1, 2013, the Defendant reported on the establishment of the instant charnel Party. On February 1, 2013, the Defendant notified the Plaintiff of the installation of the installation by setting the period of business of the instant charnel Party, the number of fluences, and the matters to be observed. (2) On February 2013, the Plaintiff reported on the alteration of the number of fluences of the instant charnel Party to 828, and the Defendant, on March 13, 2013, notified the Plaintiff of the installation by setting the number of fluences of the instant charnel Party according to the details of the report on alteration. The period of installation was from March 14, 2013 to March 13, 2014.

B. Around July 7, 2013, the Plaintiff filed an application for change of a building permit with respect to the construction of a religious facility (building-F) in Gumi-si B, C, D, and E. Accordingly, on September 17, 2013, the Defendant issued a building permit for C Dong building with the building area of 525.76 square meters, total floor area of 870.12 square meters, two stories (one story-style religious facility, and second floor-office) on the building site. 2) The Plaintiff newly built Cdong and installed Cdong from the Defendant on July 7, 2014 after obtaining approval for the use of “Dong name: Cdong, main purpose: Religious facility ( temple)” from the Defendant, and installed the facility on the Cdong 1st floor.

The location, etc. of C Dong and F Dong shall be as shown in the attached Form 1.

3) The Defendant’s inurnium established by the Plaintiff in Cdong (hereinafter “Funeral Act”) is the Funeral Service Act (hereinafter “Funeral Act”).

(C) On the ground that an unreported charnel facility in violation of Article 15(1) constitutes a non-reported charnel facility, a prior notice was given to the Plaintiff on September 22, 2014. (c) The Defendant was located at a place 52 meters away from the entrance of the G kindergarten and 38 meters away from the boundary line of the G kindergarten, and Article 6(1)5 of the School Health Act.

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