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(영문) 대전지방법원 2014.07.09 2013구합2787
종교단체봉안당설치신고 수리불가처분취소
Text

1. On July 29, 2013, the Defendant’s rejection of the report on the establishment of a religious service foundation against the Plaintiff is revoked.

2...

Reasons

Details of the disposition

A. On June 27, 2013, the Plaintiff filed a report on the installation of a crematory station (hereinafter “instant report”) with a size of 89.76m2 and a number of 4,900 m2 in the enclosed-gu, Chungcheongnam-gu, Seoul Special Metropolitan City and seven lots (hereinafter “instant application site”) outside 380m2 (hereinafter “instant application site”).

B. On July 2, 2013, the Defendant requested the Plaintiff to supplement the following documents pursuant to the instant report.

(1) A plan to establish access roads and parking lots, the width of which is at least five meters. (2) A plan to establish management office, facilities for the convenience of bereaved families, facilities for the provision of cremations, and other necessary facilities. (3) A survey map and old map.

C. On July 10, 2013, the Plaintiff submitted to the Defendant a building ledger, building status map, land use plan confirmation certificate, a certified copy of real estate register, a certified copy of cadastral map, a certificate of inspection registration, a registration number registration certificate, and each reduction card (new status) as supplementary documents.

On July 29, 2013, the Defendant rendered the instant disposition against the Plaintiff: (a) on the ground that the road currently being used as a access road to A constitutes forest roads, requiring supplementation of a plan for installing access roads and parking lots in a width of at least five meters; (b) on the ground that there was no supplementation for the current status of religious activities; and (c) on the ground that the acceptance of the instant report is impossible.

E. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Chungcheongnam-do Administrative Appeals Commission, Chungcheongnam-do. However, it was dismissed on December 16, 2013.

[Ground of recognition] The plaintiff's assertion of legitimacy of the disposition of this case as to facts without dispute, Gap's evidence Nos. 1, 2, 6 and Eul evidence Nos. 5 (including provisional number), and the purport of the whole pleadings is legitimate. The plaintiff registered inspection on Jan. 21, 2003 and owned the building of the ground inspection on the ground of the application site of this case, and engages in religious activities.

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