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(영문) 대전고등법원 2016.01.28 2015누12586
광업권등록취소및소멸등록처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the first instance court's decision, except for adding the following judgments between the 7th and 8th 9 of the first instance court's decision, and therefore, it is also accepted in accordance with Article 8 (2) of the Administrative Litigation Act, the main text of Article 420 of the Civil Procedure Act.

【4) As to the assertion of violation of the principle of protection of trust, the Plaintiff asserts that “The Defendant’s disposition of this case, which cancelled the instant mining right on July 22, 2013, violated the principle of protection of trust and was unlawful since it violated the principle of protection of trust and trust, although it was trusted that the term of the instant mining right would not be cancelled until the expiration date of the said term by extending the term of the mining right to November 13, 2018.”

However, the “permission to extend the term of a mining right” under Article 12(2) of the former Mining Industry Act and Article 4(1) of the former Enforcement Decree of the Mining Industry Act and “cancellation of a mining right” under Article 35 subparag. 1 and Article 40(1) of the former Enforcement Decree of the Mining Industry Act differs from the grounds and requirements. Therefore, it is difficult to deem that the Defendant ordered the Plaintiff not to cancel the mining right of this case until the expiration date, solely on the circumstance that the Defendant extended the term of the mining right of this case to the Plaintiff on May 31, 2013.

Therefore, the plaintiff's assertion on the premise that there was a defendant's public opinion statement that does not revoke the mining right of this case is without merit.

A person shall be appointed.

2. As such, the part of the plaintiff's claim for cancellation of the registration of extinguishment of a mining right in the lawsuit of this case is unlawful and dismissed as the plaintiff's remaining claims are without merit. The judgment of the court of first instance is justified as such, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition

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