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(영문) 서울중앙지방법원 2018.05.16 2017가합571973

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 7, 1984, Plaintiff B had registered the establishment of the mining right as follows (hereinafter “the mining right of this case”); on July 20, 1985, Plaintiff B operated the D Mining Facility in the Da-si Forest (hereinafter “the forest of this case”) with the authorization of the mining plan from the Do governor around Gyeong-si (hereinafter “the forest of this case”).

On the other hand, the term of mining rights of this case was extended on August 10, 2009 by October 31, 2019.

- The registration number of mining rights: E and - the location F - Mining Land Register: Trin Mountainous G, - Mine name: 168 square meters: 168 square meters; - The term of mining rights: From November 8, 1984 to October 7, 2009, Plaintiff A was registered as joint mining right holders with respect to the mining rights of this case on October 7, 2005, and the plaintiffs thereafter registered as joint mining right holders with respect to the mining rights of this case on several occasions, but they were transferred to other mining rights on May 14, 2014, and maintain the status as joint mining right holders until the date of conclusion of pleadings.

In 205, the Plaintiffs (the instant mining right was registered in the future of Plaintiff B before Plaintiff A becomes a joint mining right holder, but the actual operation of the mining establishment seems to have been jointly conducted by the Plaintiffs) had obtained authorization on the mining plan from Plaintiff B, and until July 2005, the suspension of mining was made due to the following reasons: (a) collected fossil rocks containing tin in the instant forest; (b) did not conduct a work to separate only mineral tin from the instant forest; and (c) did not conduct a work to separate mineral tin, and (d) removed and sold them from the state of collecting the grixum rock as they were collected or simply cut for aggregate.

B. From 1985 to 1994, the Plaintiffs were called as the head of the permanent state forest management office after the head of the permanent state forest management office in the status of the mining right holder, from the date of the conclusion of the first contract for the purchase of earth and stones and disputes related to the amendment of the Forestry Act.

(c).

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