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(영문) 수원지방법원 2014.07.18 2014구합824
사용료 이의신청에 대한 기각결정처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On October 16, 1995, the Plaintiff obtained permission from the Defendant for the use of a public cemetery for 15 years (no later than October 15, 2010) with respect to the period of use from the members of Ansan-si, the Dong, Sinsan-si (hereinafter “the instant public cemetery”). At around that time, the Plaintiff installed a memorial B’s grave within the public cemetery of this case.

B. Even after the expiration of the above period of use, the Plaintiff did not file an application for extension of the period of use of a park cemetery with the Defendant on October 25, 2012. On November 28, 2012, the Plaintiff received the extension permission (hereinafter “instant extension permission”) from the Defendant by filing an application for extension of the period of use of the park cemetery with the Defendant on November 28, 2012. After that, the Plaintiff paid all the fees and management fees for the standard of use of a funeral facility outside Ansan-si under the Ordinance on the Establishment and Operation of the Funeral Facility in Ansan-si (hereinafter “instant Ordinance”).

C. The Plaintiff filed an objection against the above usage fee and management fee, but was dismissed on March 23, 2013 (hereinafter “instant disposition”).

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings [based statutes] Article 23 of the Act on Funeral Services, Etc. (Imposition of Fees and Management Fees for Public Cemeteries, Public crematory Facilities, Public Encrement Facilities, or Public Natural Burial Grounds) (1) The amount of usage fees or management fees imposed by the head of a local government to a person who uses a public cemetery, public crematory facility, public charnel facility, or public natural burial ground, the method of imposition, the amount of usage fees or management fees, the purpose of imposition, usage

In such cases, the amount of user fees and management expenses shall be determined in consideration of land prices, expenses incurred in installing and constructing facilities, welfare promotion of local residents, etc.

(2) In imposing user fees or management expenses under paragraph (1), it may be imposed separately by classifying the residents of the relevant area and those of other areas.

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