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(영문) 서울행정법원 2020.10.23 2019구합5908
채굴권등록취소및소멸등록처분과채굴권존손기간연장등록신청불수
Text

Among the instant lawsuits, the part seeking the revocation of extracting rights and the revocation of the registration of extinction on October 9, 2018 is all the part seeking the revocation of extracting rights.

Reasons

1. Basic facts

A. On October 9, 1998, the Plaintiff registered the extraction rights under the Mining Industry Act (hereinafter “the extraction rights of this case”) with respect to the mining land register D, mining name modification, high-ranking soil and stone in Ulsan-gun, U.S., and U.S., U.S. C, U.S. and U.S., U.S., U.S., and U.S., U.S., U.S., U.S.C. (hereinafter “the extraction rights of this case”) with the term of 20 years from October 10, 1998 to October 9, 2018.

Pursuant to Article 96 of the Mining Industry Act and Article 71 (2) of the Enforcement Decree of the Mining Industry Act, the defendant shall be delegated with the authority to extend the term of mining rights and to change mining rights among the authority of the Minister of Trade, Industry and Energy.

B. On January 2, 2018, the Plaintiff filed an application with the Defendant for permission to extend the term of the extraction right of this case pursuant to Article 12(3) of the Mining Industry Act and Article 4 of the Enforcement Decree of the Mining Industry Act. On January 15, 2018, the Defendant drafted an official document (No. B. 1) that permits the Plaintiff to extend the term of the extraction right of this case for 20 years from October 10 to October 9, 2038.

On January 16, 2018, the Defendant sent the above official text to the Plaintiff, which reaches the Plaintiff’s mother-child E on January 18, 2018.

(B) No. 2. However, within 60 days from the date of arrival, the Plaintiff did not apply to the Defendant for the registration of extension of the extraction right under Article 4(5) of the Enforcement Decree of the Mining Industry Act.

C. On April 26, 2018 (Mailing out at the domicile in the Mining Register) and May 16, 2018 (on resident registration), the Defendant sent to the Plaintiff a letter of application for permission to extend the term of extracting rights to the effect that “an application for permission to extend the term is filed between one year and three months before the expiration of the term, since the term of extracting rights expires during the period of October 2018 (see subparagraph 6). However, the said letter of application was returned both due to the closure, absence, and addressee’s unknown whereabouts.

On October 9, 2018, the defendant registered ex officio the extinction of extraction rights due to the expiration of the term of existence in the mining register of the extraction rights in this case as F.

hereinafter referred to as "the case."

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