(영문) 서울고등법원 2015.9.2. 선고 2014누68760 판결

The judgment of the first instance is revoked. The defendant's disposition of non-permission to establish a mining right against the plaintiff on October 5, 2012 shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasoning of this court's judgment is as follows: (a) the court of first instance has dismissed the following matters among the judgments of the court of first instance; and (b) the reasoning for the judgment of the court of first instance is identical to that of the court of first instance, and thus, (c) Article 8 (2) of

○ 5 pages 5 (3) add the phrase “ September 24, 2012.” to “ September 4, 2012............. ○ 10 pages 11 added the phrase “B” to “B, according to each description of evidence Nos. 15 and 26, the Plaintiff had already been aware that the objective of the first on-site investigation is “verification of existence of minerals.”

○ 11. 12 and 13. 3. “In light of the respective descriptions of evidence Nos. 18 through 24, it is difficult to view that the test result is distorted, such as where there are many inputs of Mesium or grhesium, and where there are no scientific grounds to regard it as why the test result would be distorted.”

2. Additional determination

The plaintiff asserts that although the application area of this case satisfies the standard of mineral size and dignity under the mining laws and regulations, the disposition of this case on different premise is unlawful.

However, in light of the above evidence and the recognized circumstances, it is sufficient to recognize the grounds for the instant disposition, such as "less the scale and standard of dignity of the mineral body". Thus, the instant disposition is lawful.

3. Conclusion

The judgment of the first instance is justifiable. The plaintiff's appeal is dismissed.