국유림사용불허가처분취소
1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Registration number of the background of the disposition: E, location, Cmining land register in Gyeonggi-do: Tropical area No. 30, name of light: 168 square meters, and mining right duration: November 8, 1984 to October 31, 209;
After completing the registration of the establishment of mining rights with the following contents on November 7, 1984, the Plaintiffs operated the business with D’s trade name from the Japanese forest (hereinafter “the forest of this case”) located in Gyeong-si, Gyeong-si (hereinafter “the forest of this case”). < Amended by Presidential Decree No. 12835, Jul. 20, 1985>
B. On December 2012, Plaintiff A filed an application with the Defendant for permission to use state forests, the period of which was from December 2012 to December 31, 2017, with respect to the instant application for use of state forests, from December 2012 to December 31, 2017, by asserting that approximately KRW 3,90,000,000 tons of the non-exploded tin located within 1,650,054 square meters of F forest land, which was divided into the instant forest (hereinafter “instant application”).
C. On January 4, 2013, the Defendant issued a notice of non-permission (hereinafter “instant disposition”) to the Plaintiff on the ground that “the products not taken out within the instant application site were revoked due to the violation of the terms and conditions of the Mountainous Districts Management Act and the soil and stones sales contract with the Plaintiff A at the time of 2004 and reverted to all the State” (hereinafter “the instant disposition”).
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings
2. Determination on this safety defense
A. 1) The Defendant asserted that the Defendant’s principal safety defense against the following arguments by the Defendant: (a) the ownership of the original tin already mined is against the Republic of Korea; and (b) the Plaintiffs do not have any authority to remove it; (c) thus, there is no legal interest to seek revocation of the instant disposition; and (d) the Plaintiff A purchased the original tin and mineral 48,485 cubic meters (313,004 cubic meters) collected between the Defendant and the Defendant on May 27, 2004.