(영문) 서울고등법원 2009. 7. 8. 선고 2008누37963 판결[광업권설정출원서불수리처분취소][미간행]
Plaintiff (Attorney Kim Hyun-soo, Counsel for the plaintiff-appellant)
The head of the mining registration office (Law Firm Maritime Affairs Office, Attorney Lee Mine-min, Counsel for plaintiff-appellant
June 17, 2009
Seoul Administrative Court Decision 2008Guhap26879 Decided November 25, 2008
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. In paragraph 1 of the order of the court of first instance, “ February 11, 2008” shall be corrected to “ January 29, 2008”.
1. Purport of claim
The defendant's disposition of non-acceptance of an application for the establishment of mining rights against the plaintiff on January 29, 2008 shall be revoked.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
1. Quotation of judgment of the first instance;
The court's reasoning concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the following changes among the judgment of the court of first instance. Thus, the court's reasoning is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
○ 2 10 parallels “ February 11, 2008” to “ January 29, 2008”
2. Conclusion
Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance shall be justified, and the defendant's appeal shall be dismissed. The judgment of the court of first instance shall be dismissed, and the judgment of the court of first instance shall be delivered with the decision of correction since it is obvious that " February 11, 2008" is a clerical error of " January 29, 2008."
Judges Cho Jae-hoon (Presiding Judge)