소유권이전등기
1. The defendant made a sale on August 16, 1993 with respect to the portion of 1825/3685 out of the real estate stated in the attached list to the plaintiff.
1. Determination as to the cause of claim
A. (1) On August 16, 1993, the Plaintiff purchased from the Defendant 1,983 square meters (600 square meters) out of the amount of 40,003 square meters (hereinafter “instant land”) at KRW 60,00,000 (hereinafter “instant sales contract”), and paid the full amount of the price.
(2) On January 12, 1996, among the instant land, 318 square meters were incorporated into a road, and the instant land was divided into 3,685 square meters.
Among them, the land area under 1,825 square meters is 1,825 square meters of shares purchased by the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including virtual number), the purport of the whole pleadings
B. According to the above facts, the defendant is obligated to implement the registration procedure for transfer of ownership on August 16, 1993 with respect to the portion of 1825/368 of the land of this case to the plaintiff, barring special circumstances.
2. Judgment on the defendant's assertion
A. (1) The defendant's assertion that the contract of this case is null and void on the ground that the contract of this case was concluded with the agreement to exclude the land transaction application under the status designated as a land transaction permission zone under the Act on the Utilization and Management of the National Territory.
(2) Comprehensively taking account of the results of the fact-finding conducted by the head of Seocho-gu Seoul Metropolitan Government, the instant land was designated as a land transaction permission zone under the Act on the Utilization and Management of the National Territory at the time of the instant sales contract, but the designation was revoked on April 20, 1998, and the re-designated as a land transaction permission zone on November 20, 2002 is recognized again revoked on January 31, 2012.
If a sale contract has been concluded for land within the designated period without obtaining permission for land transaction as to the land within the permitted area during the designated period of the land transaction permission area, and the designation of the permitted area has been revoked, the sale contract shall be confirmed from the beginning because it is a contract that excludes