광업권 확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 15, 1986, the Plaintiff registered the mining right as shown in the annexed sheet (hereinafter “the mining right of this case”) with its term from October 16, 1986 to September 30, 1993, and was authorized by the Gyeonggi-do Governor on May 2, 1989.
B. The mining right of this case was extended on July 29, 1993 from October 1, 1993 to September 30, 200.
C. On June 17, 1997, the mining right of this case was revoked ex officio under Article 40 of the former Mining Industry Act (amended by Act No. 5454, Dec. 13, 1997; hereinafter “former Mining Industry Act”) and continued to exist within the scope of auction purpose for the mortgagee, but on September 30, 200, the registration was revoked.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The defendant's judgment on this safety defense asserts that the mining right of this case is unlawful as a lawsuit for confirmation as to the existence or existence of the past legal relations, since the term of existence of the mining right of this case has already expired, and thus, the plaintiff is currently holding the mining right of this case as seen below, and the defendant is dissatisfied with this. Thus, the lawsuit of this case is a benefit of confirmation as to the present legal relations.
Therefore, the defendant's main defense is without merit.
3. Determination as to the cause of action
A. The plaintiff's assertion was that the plaintiff could not mine because he did not enter the location of the mining right of this case under the Protection of Military Bases and Installations Act, but did not mine due to reasons attributable to the plaintiff.
However, Article 4 of the Addenda to the Special Act on Support for Border Area (Act No. 10653, May 19, 201), "Construction of buildings, installation of structures and other facilities, or alteration to the form and quality of land, etc. before the enforcement of the Border Area Support Act (Act No. 6185).