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(영문) 창원지방법원 2019.10.17 2019구합50654
봉안당설치신고반려처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. The Plaintiff is well known as “C” as the inspector located B at the time of the show.

B. On October 30, 2017, the Plaintiff obtained approval from the Defendant for the use of the part extension of a theater (hereinafter “instant building”) which is a Class II neighborhood living facility (a religious assembly hall, a total floor area of 488.18 square meters), from the Defendant.

C. On May 14, 2018, the Plaintiff reported to the Defendant on the installation of a 200-scale in the 163.18 square meters of the instant building on May 14, 2018.

(hereinafter “the instant report”). D.

On June 12, 2018, the Defendant requested the Plaintiff to supplement the “necessary permission to change the purpose of use under the Building Act following the establishment of a voting district,” along with the review opinions of the relevant departments as follows, but the Plaintiff did not comply with the procedures for permission to change the purpose of use.

Construction of opinions on the examination of the name of a department - The sealing party to be established at a religious assembly hall falls under a religious facility referred to in subparagraph 6 of attached Table 1 of the Enforcement Decree of the Building Act, and where it is intended to change the purpose of use from Class II neighborhood living facilities referred to in attached Table 4 to a religious facility, permission for change of use shall be obtained pursuant to Article 19 of the same Act, and where it is not a sealing party established in a religious facility (a religious assembly hall), permission for change of use shall be obtained for cemetery-related facilities referred to in subparagraph 6 of attached Table 1 of the Enforcement Decree of the same Act (a cemetery) and regional development and matters concerning the internal use plan of the building (a Class II neighborhood living facility (a temple). Where the types of buildings by use referred to in attached Table 1 of the Enforcement Decree of the Building Act fall under cemetery-related facilities or religious facilities, it is subject to deliberation by the Urban Planning Committee pursuant to Article 57(1)1-2 of the Enforcement Decree of the National Land Planning and Utilization Act

E. On November 26, 2018, the Defendant rendered a disposition to return the report on the establishment of a charnel to the Plaintiff on November 26, 2018 on the ground that “the permission to change the purpose of use pursuant to the Building Act following the establishment of a charnel

(hereinafter referred to as “instant disposition”). [Ground for recognition] without dispute, A.

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