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(영문) 청주지방법원 제천지원 2018.12.20 2017가합10445
채무부존재확인
Text

1. The Plaintiff’s business plan for the development of tourist farms on May 24, 2017, on land indicated in the attached list, which was received from the Incheon City Mayor.

Reasons

1. Basic facts

A. On May 24, 2017, the Plaintiff is a business operator who obtained approval of a business plan for the tourist farm development project (hereinafter “instant project”) from the Jeju City Mayor for the size of 18,788 square meters in the land indicated in the separate sheet pursuant to Article 83 of the Rearrangement of Agricultural and Fishing Villages Act (hereinafter “instant land”) and from May 2017 to April 30, 2019.

B. The Defendant, including the instant land, is a mining right holder of approximately 274,00 square meters (274 square meters) with respect to the land of approximately 2744,00 square meters (274 square meters), which is a mining land register C (Ma), and is currently mining and producing paths in Incheon-si E.

C. The Plaintiff performed civil engineering works on the instant land for the instant project (hereinafter “instant construction”). During this process, the Plaintiff transported the earth and sand cut in F et al. to the ground of sand operated by F et al.

On December 20, 2017, the Defendant suspended the instant construction work on the ground that “the instant land ought to commence the project with the consent of the mining right holder as an area where the Defendant’s mining right (fence) was established and registered under the Mining Industry Act, but without the consent of the Defendant, the mining right holder caused enormous losses in mineral extraction and removal,” and sent a certificate of content to the effect that if the extraction and removal continue, the Plaintiff will be held liable for civil and criminal liability. At that time, the Defendant reached the Plaintiff.

E. The Management of Mountainous Districts Act, the Mining Industry Act, and the Enforcement Decree of the same Act are as follows.

[] A person who intends to obtain permission to collect earth or stone from a mining area under Article 3 (3) 3-2 (3) or 4 of the Mining Industry Act or to file reports on collection of stone in a stone collection complex under Article 30 (1) shall obtain consent from a mining right holder or mining concession holder.

Provided, That this shall not apply to any of the following cases as a result of inspection by a specialized investigation agency:

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