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(영문) 수원지방법원 2016.11.24 2016구합309
자연장지조성허가신청반려처분취소
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 June 4, 2008, the Plaintiff is an incorporated foundation that establishes and manages charnel facilities and natural burial grounds after obtaining permission for establishment from the foundation foundation from the Gyeonggi-do Governor.

B. On December 23, 2015, the Plaintiff filed an application for permission to develop a natural burial ground with respect to the Defendant, in order to develop a natural burial ground on the 8,626 square meters of B forest land No. 22,369 square meters in Gwangju City (hereinafter “instant land”).

C. The Defendant on January 7, 2016 and the same year

1. On 19.19. The plaintiff notified the plaintiff to supplement "a document evidencing that the land in the natural burial ground to be used is the ownership of a corporation" under Article 20 (1) 2 (b) of the Enforcement Decree of the Act on Funeral Services, Etc. (hereinafter "the Funeral Act"), but the plaintiff submitted a written reply to the effect that the written consent to use in the name of C, a Daol Trust Co., Ltd. (hereinafter "Daol Trust"), a written consent to use in the name of D, Inc. (hereinafter "Daol Trust"), which was already submitted, constitutes the above documents.

On February 2, 2016, the Defendant notified the Plaintiff of the return of the Plaintiff’s application for permission to develop a natural burial ground on the ground that the supplement documents were not submitted within the time limit set in the supplement notice.

(hereinafter “instant disposition”) e.

The plaintiff dissatisfied with this claim filed an administrative appeal seeking the revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but the Gyeonggi-do Administrative Appeals Commission dismissed the plaintiff's claim on April 12, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Article 20(1)2 (b) of the Enforcement Decree of the Act on Funeral Services for the Plaintiff’s Claim that “a person who intends to obtain permission to develop a natural burial ground shall submit a document proving that the land in the natural burial ground to be used is a corporation’s ownership,” and real estate created on the ground.

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