광업권의존속기간연장허가불허처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
Pursuant to Article 96 of the Mining Industry Act and Article 71(2)1 and 4 of the Enforcement Decree of the Mining Industry Act (amended by Presidential Decree No. 24442, Mar. 23, 2013; hereinafter the same) Article 71(2)4 of the Enforcement Decree of the Mining Industry Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same), the name was changed to “the Minister of Knowledge Economy” as the amendment of the Government Organization Act, but the name was changed to “the Minister of Trade, Industry and Energy”; hereinafter the same shall apply). The administrative agency delegated the authority to grant permission for the establishment of mining rights and grant permission for the extension of the term of extracting rights by the Minister of Trade,
The Plaintiff is a person for whom a registration number D (No. 2, 4, and area of No. 110 hectares) and extracting rights (see Article 9-2 subparagraph 2 of the Mining Industry Act; hereinafter referred to as “the instant extracting rights”) are set up by the Defendant for a mining area located in Yong-gun B and Yong-gun, Yong-Nam-gun, Yong-Nam-Nam-gun, with the term of April 9, 2013 (see Article 9-2 subparagraph 2 of the Mining Industry Act; hereinafter referred to as “the instant extracting rights”).
On December 26, 2012, the Plaintiff filed an application with the Defendant for extension of the term of the extracting rights of this case pursuant to Article 12(3) of the Mining Industry Act and Article 4(1)1 [Attachment Table 2] of the Enforcement Decree of the Mining Industry Act against the Defendant on December 26, 2012.
According to Article 12(3) of the Mining Industry Act and the proviso of Article 4(1)1 [Attachment 2] of the Enforcement Decree of the Mining Industry Act, if the investment records of mining for three years retroactive from the date of application for permission for extension are more than 100 million won, the term of existence may be extended. As such, when applying for extension of the term of the extraction right of this case, the Plaintiff claimed that the Plaintiff satisfied the investment requirements as above, if he leased the land located in Gwangju Mine-gu E (hereinafter “instant land”) for rent of KRW 100 million, and used the said land for the purpose of the waste stone collection site and stone storage place.
However, the defendant on January 8, 2013.