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(영문) 서울고등법원 2015.06.03 2015누655
화장시설 설치신고 반려처분 취소
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

In the first instance court’s judgment, the Plaintiff sought revocation of the instant disposition and the Defendant’s return of the report on the establishment of crematory facilities against the Plaintiff on April 11, 201. On April 11, 2011, the first instance court dismissed the Defendant’s lawsuit on the claim for revocation of the return of the report on the establishment of crematory facilities against the Plaintiff, and accepted the claim for revocation of the instant disposition.

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.

On March 1, 2006, the Plaintiff received a report on the establishment of crematory facilities from January 21, 2008 to the Defendant on October 28, 2010, the following: (a) from around January 21, 2008, the Plaintiff was a member registered with the Korea Buddhist Buddhist Branch; and (b) from around 237-1 and 237-2 above ground 237-2 above (hereinafter “instant building”).

On November 29, 2010, the Defendant rendered the instant disposition against the Plaintiff to return the report on the establishment 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 (a building that can be constructed within a production control area): On April 11, 201, the Defendant notified the Plaintiff of the grounds for rejection of the instant disposition as follows.

C. Foods

A. Under Article 30 of the Ordinance on Kimpo-si Urban Planning and Article 18 (Buildings within Production Control Areas) 20 of the attached Table 18 (excluding crematory facilities) of the Enforcement Decree of the Building Act, it shall be provided for the use of the needy.

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