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(영문) 대전지방법원 2018.07.11 2017구합106618
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

A. B Corporation (hereinafter referred to as the “instant project”) - C Public Notice of Chungcheongnam-do on September 30, 2009 - Project implementer: Defendant

(b) Plaintiff’s mining right - Registration number of mining area: registered D - The area in Chungcheongnam-Namnam-gun E - The mining land register: F - The area in light of old soil - the area in light of old soil - the area of mining right - the duration of mining right : January 1, 2017 to December 31, 2036.

Details of adjudication by the Central Land Committee on September 7, 2017 - Contents of adjudication: The project in this case is a fact that there is no dispute over the claim for compensation for mining rights due to the construction of a road on a part of the land on which the plaintiff's mining right is established (hereinafter referred to as "land in this case"), the statement of evidence Nos. 1 and 7 (including the number of branches), and the purport of the whole pleadings.

2. The assertion and judgment

A. Since the Plaintiff cannot execute the mining right to the land of this case due to the Plaintiff’s assertion, the Defendant shall compensate the Plaintiff for losses incurred therefrom.

(b) A mining right holder shall not mine minerals in any of the following places without permission from the competent authorities or consent of the owners or interested parties:

1. Places on or below the surface of the earth within 50 meters from railroads, tracks, roads, water systems, canals, ports, rivers, lakes, irrigation and drainage facilities, seedlings, churches, churches, temples, and temples, or other public structures;

2. Places on or below the surface of the earth within 30 meters from graveyards and buildings.

C. The determination of the mining restriction under Article 44(1) of the Mining Industry Act is nothing more than that that it is necessary to obtain permission from the competent authorities or consent from the owners or interested parties in order to prevent the occurrence of a situation that impedes the management and operation of public facilities, such as railroads, roads, water supply, canals, ports, rivers, etc., and to mine nearby minerals in order to prevent the occurrence of a situation that obstructs the management and operation of the buildings, and such restriction is also a mining right for public welfare.

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