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(영문) 대법원 2015.07.09 2014두47600
광업권전환등록처분취소
Text

The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The total cost of the lawsuit shall be the cost of the lawsuit.

Reasons

Judgment ex officio is made.

According to the records, the Plaintiff’s instant mining right was expected to expire on February 20, 2012. However, upon the Plaintiff’s application, the Plaintiff extended the term of the instant mining right from February 21, 201 to February 20, 202 upon the Defendant’s application, for ten years from February 21, 2012 to February 20, 202, and the Seoul High Court rendered a ruling revoking the registration of the extension of the said mining right on February 16, 2015 (Seoul High Court Decision 2014Nu50738). The Defendant’s appeal was dismissed on June 23, 2015 (Supreme Court Decision 2015Du39750).

On February 23, 2012, on the premise that the Plaintiff’s instant mining right continues to exist effectively, the instant lawsuit was filed against the Defendant on February 23, 2012, against the illegality of a disposition converting the mining ledger of the instant mining right from the mining ledger to the mining ledger (hereinafter “instant disposition”). As such, the instant mining right was extinguished to the expiration of the term on February 20, 2012, on the ground that the registration of the extension of the term becomes retroactively null and void due to the cancellation of the registration for the extension of the term

Therefore, the disposition of this case has become null and void due to the extinguishment of the legal relationship which is the basis of the disposition of this case, and no longer exists.

Therefore, the lawsuit of this case is to seek cancellation of the non-existent disposition, and it is unlawful as there is no interest in the lawsuit.

Therefore, the judgment of the court below is reversed, and this case is sufficient for the Supreme Court to directly render a judgment, and thus, the judgment of the court of first instance is revoked and the lawsuit of this case is dismissed. The total costs of the lawsuit are to be borne by the losing party, including the part resulting from participation in the lawsuit. It is so decided as per

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