1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Disposition of this case

A. On May 3, 2006, the Plaintiff completed the establishment of a mining right as follows.

The registration number of the location of a mining area, the mining area, the area of mineral name, the area of mining land, the area of mining right, the area of the area of the mining area, the area of which is located, shall be 2 in small units of 134, 4, 72-5, 4, 72-5, 206, 5365, 136-2, 134, 75-2, 75. 3. 20

B. On September 23, 2014, the Defendant revoked the registration of the above mining right pursuant to Article 35 subparagraph 1 of the former Mining Industry Act (amended by Act No. 9982, Jan. 27, 2010; hereinafter the same) on the ground that the Plaintiff did not commence his/her business until two years have elapsed since the date of establishment registration of the mining right.

(hereinafter “Disposition in this case”). 【No dispute exists, A’s evidence Nos. 2 and 11 (including paper numbers), the purport of the entire pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the Plaintiff could not commence the business based on the mining right is due to an illegal disposition, such as approval for the mining plan and a disposition to authorize the suspension of mining commencement to the Gyeongbuk-do Governor, and is not due to the Plaintiff’s fault.

The disposition of this case prevents serious infringement of private interests by preventing any compensation for the capital invested in the mining right.

Therefore, the instant disposition is unlawful as it deviates from and abused discretionary power.

(b) The holder of a mining right shall commence the business (referring to prospecting or mining; hereinafter the same shall apply) within two years from the date the establishment of the mining right is registered (Article 40 (1) of the former Mining Industry Act) and may revoke the mining right if the mining right holder fails to commence the business in violation of this paragraph;

(Article 35(1) of the former Mining Industry Act. The mineral resources are the basic resources used as the foundation of industry and have a significant impact on the national economy, while the basic resources are buried on the national land, so that the State may establish a mining right under the involvement of the State. On the other hand, when a mining right is established, the mineral resources which belong to the foundation of industry are established.