2014du47600 The revocation of the registration for conversion of mining right

continental Mining Co., Ltd.

The head of the mining office

1. Z;

2. AA

3. AB

4. AC.

5. AD.

6. AE;

7. AF;

8. AG;

9. AH;

10. Al;

11. Incorporated X;

Seoul High Court Decision 2014Nu48087 Decided November 28, 2014

July 9, 2015

The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The plaintiff shall bear the total costs of litigation, including the part resulting from the supplementary participation.

Judgment ex officio is made.

According to the records, the Plaintiff’s instant mining right was expected to expire on February 20, 2012. However, upon the Plaintiff’s application, the Plaintiff extended the term of the instant mining right for ten years from February 21, 201 to February 20, 202 upon the Defendant’s application, from February 21, 2012 to February 20, 202, and the Seoul High Court (Seoul High Court 2014Nu50738) declared that the Defendant’s registration of the extension of the term of the mining right was revoked on February 16, 2015, and the Defendant’s appeal was dismissed on June 23, 2015 (Supreme Court Decision 2015Du39750).

On February 23, 2012, under the premise that the Plaintiff’s instant mining right continues to exist effectively, the instant lawsuit was filed against the Defendant on February 23, 2012, against the illegality of a disposition converting the mining ledger of the instant mining right from the mining ledger to the mining ledger (hereinafter “instant disposition”). As such, the instant mining right was extinguished on February 20, 2012 as the registration of the extension of the term becomes retroactively null and void as the cancellation ruling on the registration of the extension of the term of the instant mining right became final and conclusive, and thus, the instant disposition became null and void as the legal relationship, which serves as the basis for the instant disposition, has already ceased to exist as it becomes null and void. Accordingly, the instant lawsuit seeking the revocation of a disposition that does not exist, and thus,

Therefore, the judgment of the court below is reversed, and this case is sufficient for the Supreme Court to directly render a judgment, and thus, the judgment of the court of first instance is revoked and the lawsuit of this case is dismissed. The total costs of the lawsuit are to be borne by the losing party, including the part resulting from participation in the lawsuit. It is so decided as per

Justices Lee Jae-soo

Justices Kim Yong-deok

Justices Kim In-young