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(영문) 광주지방법원목포지원 2017.11.23 2017가합242
광업채굴권탈퇴절차이행청구의소
Text

1. The Defendant is on the ground of voluntary withdrawal on July 25, 2017 with respect to each of the mining rights listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is the father of the defendant, and the defendant is his father.

B. On September 8, 2015, the Plaintiff entered into a title trust agreement (hereinafter “title trust agreement”) with the Defendant on each mining extracting right listed in the separate sheet (hereinafter “the respective extracting rights of this case”) and completed the registration of transfer of mining rights between the Plaintiff and the Defendant as joint mining right holders with respect to each of the extracting rights of this case on September 8, 2015.

C. The Plaintiff expressed his/her intent to terminate the instant title trust agreement through the duplicate of the instant complaint, and the duplicate of the instant complaint was served on the Defendant on July 25, 2017.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3 (including branch numbers in the case of provisional number) and the purport of the whole pleadings

2. According to the above facts of recognition, since the title trust contract of this case was terminated, the defendant is obligated to implement the procedure of withdrawal registration for each of the mining rights of this case on July 25, 2017, by restoring to the plaintiff the original state following termination.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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