[부동산등기특별조치법위반][공1997.6.1.(35),1682]
Whether Article 2(3) of the Act on Special Measures for the Registration of Real Estate applies to a invalid contract (negative)
Article 2(3) of the Act on Special Measures for the Registration of Unclaimed Movables, which provides that where a person who entered into a contract with the owner of a real estate intends to transfer the ownership of the real estate again enters into a contract with a third party on or before the date stipulated in each subparagraph of Article 2(1) of the Act on Special Measures for the Registration of Real Estate, such person shall apply for the registration of transfer of ownership pursuant to the first contract within the prescribed period of time, and Article 2(3) of the Act on Special Measures for the Registration of Unclaimed Movables, which provides that the transfer of ownership
Articles 2(1) and (3), and 8 subparag. 1 of the Act on Special Measures for the Registration of Real Estate
Defendant
Prosecutor
Seoul District Court Decision 96No4929 delivered on November 20, 1996
The appeal is dismissed.
The grounds of appeal are examined.
Where a person who entered into a contract with a third party on the ownership transfer of real estate has entered into a new contract with a third party on the real estate before the completion of the counter-performance, he/she shall register the ownership transfer pursuant to the first contract within 60 days from the date the counter-performance of the above counter-performance is completed, and where he/she violates this, he/she shall be punished pursuant to Article 2(1) and (3) of the Act on Special Measures for the Registration of Real Estate under the premise that the contract on the transfer of ownership of real estate is valid, and therefore, the court below's decision maintaining the judgment of the court of first instance which judged that
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Final Young-young (Presiding Justice)