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(영문) 대전고등법원 2016.04.28 2015누40
광업권보상
Text

1. The plaintiffs' appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The status of the parties (1) The Plaintiff Samsan Mining Co., Ltd. (hereinafter referred to as the “Plaintiff”) holds a mining right (hereinafter referred to as “first mining right”) with the term “(1) registration number: No. 54012, location: Mayang-gun, Chungcheongnamyang-gun, the mining land register: Jeonyang-gun, the electric unit of No. 118, the mining land register: Manyang-gun, the size of Mansan, and the size of Mansan: 269.”

(2) On April 22, 2007, Plaintiff A, B, and C have succeeded to the following mining rights:

(A) Registration number: E (F) and location: H in the Chungcheong-gun G, the Chungcheong-gun, and the Chungcheong-gun, 1980, Y was separated from the Chungcheong-gun in 1980, and was changed to Jeju-gun in 191, and was integrated into Jeju-gun in 195.

I. N, mining land register: N, tin, size: 274 (hereinafter referred to as "second mining right"): Registration number of K (L), location: Ma, Chungcheongbuk-gun, Chungcheong-gun, I, Chungcheong-si, mining land register: J, Gwangju-si: P, mining land register of 274 (hereinafter referred to as "third mining right"): Registration number of 274 (c) (hereinafter referred to as "third mining right"): P, P, mining land register: Q, mining land register: 274 (hereinafter referred to as "4 mining right"): The defendant is a corporation established under the Railroad Industry Development Act and the Korea Rail Network Authority Act for the purpose of promoting the convenience of transportation of the people and contributing to the sound development of the national economy by efficiently constructing and managing railroad facilities and other projects related thereto.

B. According to Article 3 of the former Public Railroad Construction Promotion Act (amended by Act No. 7304 of Dec. 31, 2004, Article 2 of the Addenda to the Railroad Construction Promotion Act (amended by Act No. 7304 of Jul. 1, 2005; hereinafter the same), the Defendant implementing a public project shall not exceed the R project from the Minister of Construction and Transportation on February 2, 2004.

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