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(영문) 서울고등법원 2006. 4. 12. 선고 2005누5323 판결
[광업권설정허가처분취소등][미간행]
Plaintiff and appellant

Plaintiff 1 and 652 (Attorneys Kim Jong-il et al., Counsel for the plaintiff-appellant)

Defendant, Appellant

Cheongbuk-do Governor 1

A. A.N. A.D.

continental Mining Co., Ltd. (Law Firm Jeong, Attorney Jin-tae, Counsel for the plaintiff-appellant)

Conclusion of Pleadings

may 22, 2006

The first instance judgment

Seoul Administrative Court Decision 2003Guhap23233 delivered on February 15, 2005

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are jointly and severally borne by the Plaintiffs.

Purport of claim and appeal

The judgment of the first instance shall be revoked.

Plaintiff 1 through 80, 653: The disposition of permission for the establishment of mining rights listed in the attached Table No. 1 issued by the head of the defendant mining registration office against Nonparty 1 and Nonparty 2 on July 17, 1935, and the disposition of permission for the alteration of mining plans made by the head of the defendant mining registration office against the intervenor on June 12, 200 shall be revoked, respectively.

The plaintiffs: the head of the defendant mining office's mining registration office's disposition of permission for the establishment of mining rights listed in the attached table No. 4 against the non-party 3 on January 5, 1984, and each disposition of permission for the establishment of mining rights listed in the attached table No. 5 and 6 on October 12, 2000 (the plaintiff's disposition of permission for the establishment of mining rights on October 16, 2000 seems to have been written as the date of registration for the establishment of mining rights, not as the date of permission for the establishment of mining rights, respectively) against the intervenor on October 16, 200.

Reasons

1. Quotation of judgment of the first instance;

The reasons why a member should explain this case are as follows: (a) evidence No. 82, No. 83, No. 84-2, Gap evidence No. 91, Gap evidence No. 92, and non-party No. 92, the testimony of Non-party No. 4 of this court and the inquiry of the chief of the Korea Groundwater and Soil Environment Institute, which is an incorporated witness of this court; (b) evidence No. 82, No. 83, No. 83, No. 91, and the inquiry of the chief of the Korea Groundwater and Soil Institute, which is an incorporated association of this court, are added to the evidence No. 16, No. 82, No. 91, and the results of the inquiry of the chief of the Korea Groundwater and Soil Environment Institute, which is an incorporated association of this court, in addition to the addition of the following judgments as to the matters newly asserted by the plaintiffs at the trial, they shall be cited as it is in accordance with Article 8(2) of the

2. Additional matters to be determined;

In light of the economic aspect of the mine of this case, the plaintiffs prepared and submitted a mining plan to obtain a disposition to modify the mining plan in order to obtain the mining plan authorization from the defendant Chungcheongbuk-do Governor, and the facts are almost little, but they prepared a false mining plan as if there were gold or any gold in a significant economically acceptable size, and thereby deceiving the above defendant who is the authorized person, thereby obtaining a disposition to modify the mining plan of this case. Thus, the plaintiffs asserted that the mining plan authorization disposition taken by deceiving the above false mining plan should be revoked in an unlawful manner. Thus, the plaintiffs asserted that the mining plan authorization disposition taken by deceiving the above false mining plan should be revoked. Thus, the above assertion is insufficient to acknowledge it only by the testimony of the plaintiff Lee Jong-soo-do, Gap evidence 17-2 through 8, Gap evidence 29-2, Gap evidence 86, Eul evidence 84-1, Gap evidence 87-1, and Eul evidence 87-2, and the testimony of the non-party 4 of the trial of this case.

3. Conclusion

Therefore, the judgment of the first instance court is legitimate, and all appeals by the plaintiffs are dismissed. It is so decided as per Disposition.

[Attachment List]

Judges Lee Sung-ho (Presiding Judge)

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