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(영문) 인천지방법원 2017.01.06 2016구합50291
부작위위법확인
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Basic facts

A. ① The Plaintiff Handong T&S Co., Ltd. is one of the co-owners of the mining rights indicated in paragraph (1) of the attached Table No. 068415, and the registration number No. 068415, as stated in paragraph (2) of the attached Table No. 068415, and ② The Plaintiff Young Youngdong Resources Development Co., Ltd. is one of the co-owners of the mining rights listed in paragraph (3) of the attached Table No. 0

(hereinafter referred to as “the mining area of this case”) b. each of the above mining rights.

On December 31, 2003, the Defendant designated and publicly announced a wetlands protection area (hereinafter “instant wetlands protection area”) pursuant to Article 8(1) of the former Wetlands Conservation Act (amended by Act No. 7461 of March 31, 2005; hereinafter the same) on the ground that rare steel plants, such as low-sea 68.4mm2 (hereinafter “fluorum tideland”) need to be internationally protected, such as the long-term fluor of the drawing of the Incheon Vindication-gun-gun, Incheon, which includes only the mining area of this case, Yando, Mandodo, and Dodo. Accordingly, the Plaintiffs were unable to mine minerals in the instant mining area located in the long-term tidelanddo pursuant to Article 13(1)4 of the former Wetlands Conservation Act.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The plaintiffs' assertion 1) have a duty to conduct a basic investigation into the social and economic status of wetlands every five years, including the current status of ecosystem and pollution of wetlands under the Wetlands Conservation Act and the current status of the use of land in the surrounding area affecting wetlands (Article 4(1) of the Wetlands Conservation Act and Article 4 of the Wetlands Conservation Act, and Article 4(1) of the area where the value of wetlands protection area is lost or its conservation is no longer necessary according to the result of the basic investigation, its designation may be cancelled, reduced,

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