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(영문) 청주지방법원영동지원 2019.06.26 2018가합721
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff’s report on the establishment of the winged Party: C, the representative of the Plaintiff, is the building indicated in the separate sheet on December 29, 2008 (hereinafter “instant building”).

After acquiring ownership, on January 20, 2009, the registration of transfer of ownership on the ground of donation to the Plaintiff (hereinafter “instant registration of transfer of ownership”).

(2) On May 25, 2010, the Plaintiff reported to B head of the Gun first to install a religious charnel hall facility (hereinafter “instant charnel hall”) with a total floor area of 282.39 square meters in the instant building. However, D, a public official of the Defendant, sent an opinion that the said report cannot be accepted on the ground that the instant building site is E riparian zone under the Act on Funeral Services, Etc. (hereinafter “the Funeral Act”). On May 28, 2010, the head of the Gun notified the Plaintiff that it is impossible to accept the said report on the said ground.

3) Around August 16, 2010, the Plaintiff filed a report on the establishment of the instant re-building, and the family members of the Plaintiff’s representative agreed with B/Gun office with the Plaintiff’s believers, newspaper reporters, etc., and entered into the business around July 1, 2010, the new head of the Gun, who entered into the business around July 1, 2010, stated that the Defendant’s public official D accepted the said report on August 17, 2010 (hereinafter “instant acceptance disposition”). The Defendant’s public official D accepted the said report on August 17, 2010 (hereinafter “instant acceptance disposition”).

(B) On July 4, 201, the Plaintiff filed a report on the change of the installation period from 600 to 2,250 districts, and the head of B/Gun accepted the said report on change on the same day. (b) F, a creditor of C, against the Plaintiff, as Daejeon District Court Decision 2009Gahap4927, which caused the instant transfer of ownership, was revoked.

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