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(영문) 대법원 1971. 1. 30.자 70마823 결정
[광업권경락허가결정에대한재항고][집19(1)민,050]
Main Issues

A. The procedures for voluntary auction of mining rights are subject to the regulation of the Auction Act and the Civil Procedure Act applied mutatis mutandis under the law, and in particular, the provisions of land among real estate should not be applied mutatis mutandis, so documents proving the public nature and amount of taxes, etc. on mining rights can not be deemed to be limited to those of public offices in charge of the public book in the case of the public book in the case of the public book in the case of an auction court; and

B. The notice of commencement of an auction on the location of the object of auction shall be considered to the effect that the public notice of the auction date was initiated prior to the error or the date of preparation of the notice, if the period for commencement of the public notice is blank.

Summary of Judgment

A. The mining right is a real right to be regulated by the provisions of this Act and the Civil Procedure Act in the discretionary auction procedure, or the provisions of the Civil Procedure Act concerning the land among real estate should not be applied mutatis mutandis, so the amount of the public charges, such as taxes, etc. cannot be deemed to be limited to those of the public offices, and the public charges can be applied to the auction court for an investigation with the public charges.

B. The fact that the notice of the date of auction to the notice of notice of the date of auction to the place where the subject matter of auction is located is erroneous or the date of preparation of such notice is specified, it should be deemed that the notice of the date of auction to the effect that the notice was posted prior to that date.

[Reference Provisions]

Article 602 of the Civil Procedure Act, Article 621 of the Civil Procedure Act, Article 12 of the Mining Industry Act

Re-appellant

Public Interest and Mining Corporation

United States of America

Daejeon District Court Decision 70Ra72 delivered on October 23, 1970

Text

The reappeal is dismissed.

Reasons

The first ground of re-appeal No. 1

The provisions of Article 12 of the Mining Industry Act concerning real estate shall apply mutatis mutandis to mining rights other than those stipulated in the Mining Industry Act as real rights. Therefore, the procedures for voluntary auction of mining rights shall be subject to regulation of the Auction Act and the Civil Procedure Act applied mutatis mutandis under this Act. However, under the provisions of Article 602 (1) 2 through 5, 2, and (3) of the Civil Procedure Act applied mutatis mutandis under the Auction Act, documents proving public charges, such as protocol, etc., of mining rights cannot be deemed to be limited to those of public offices in charge of public records, and the determination that public charges may be applied to an auction court cannot be deemed to be erroneous in the misapprehension of law. The second notice shall be posted on April 10, 1970 at the 20th public notice of auction date (541th public notice) and the 190th public notice shall be posted on March 12, 1970 and the 19th public notice shall be posted on June 10, 1970.

The second ground of re-appeal No. 2

According to the report of the president of the Korea Mining Promotion Corporation and the mine evaluation report attached to the same report (Chapter 422 below), it is clear that the previous evaluation of only the mining right had been conducted in the above report was assessed as KRW 78,00,000, and the appraised value of the current facilities was assessed as KRW 7,659,000, in the above report, so there is no independent opinion that it is argued that the above appraised value and the previous appraised value should be combined with the previous appraised value and the minimum auction price should be claimed.

2. Ground of re-appeal No. 3

According to the records, after the auction court announced the auction date of December 16, 1969 with the minimum auction price of 85,659,000 won in the appraised value of mining rights, the auction court cancelled the above auction order on November 19, 1969 by calculating the minimum auction price of 85,659,000 won in the appraisal value of mining rights, and cancelled the auction order on December 16, 1969 with the total appraisal value of the above auction date of 78,00,000,000 won in the appraisal value of mining rights at the minimum auction price of December 22, 1969, and it is clear that the auction date of 78,000,000 won in the appraisal value of mining rights was announced publicly on December 22, 19

Therefore, the reappeal is dismissed. It is so decided as per Disposition by all participating judges.

Justices of the Supreme Court (Presiding Judge) Dog-Jak Kim Kim-nam Kim Young-gu

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