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(영문) 서울고등법원 2016.11.01 2016누57832
전통사찰(적조사)부동산양도허가신청반려처분취소등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the Act No. 2, No. 4, and No. 20 in the judgment of the court of first instance is dismissed as "the Traditional Temples Act"; and (b) the Act No. 2.

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The appellate judgment No. 2-C in the part of the judgment of the first instance.

The paragraphs are as follows:

C. 1) In a case where Article 9 of the Traditional Temples Act transfers real estate owned by the relevant temple located within the traditional temple preservation area, the competent Minister shall obtain permission from the defendant, who is the competent Minister, along with a letter of approval from the representative, etc. of the organization to which the temple belongs, and the disposal act conducted without such permission is null and void. Thus, even if the disposal act is based on the procedure for compulsory auction, it does not change otherwise, and the request for such written approval as required documents is not merely an attempt to specify the application matters for permission and to make the competent Minister easily determine whether to apply for the transfer permission by securing a supporting document, but also a request for approval from the representative, etc. of the organization to which

(see, e.g., Supreme Court Decisions 97Da49817, Oct. 22, 199; 97Nu13474, Nov. 26, 1999). In addition, in light of the language and text of the above-mentioned provision, the main purpose of the provision is to preserve and support traditional temples with historical significance as heritage of national culture and cultural heritage belonging to traditional temples by preventing the transfer of the temple property by disposing of the temple property without permission of the chief Buddhist temple.

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