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(영문) 수원지방법원안산지원 2017.12.01 2016가단25461

소유권이전등기

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a co-owner who has completed the registration of ownership transfer in the name of the Defendant with respect to shares 92/10,280 of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On May 23, 1994, Plaintiff A entered into a contract with the Defendant to purchase 31/110,280 shares of each of the instant real estate; Plaintiff B, May 30, 1994, shares of 331/110,280 of each of the instant real estate; and Plaintiff C, May 23, 1994, shares of 331/110,280 of each of the instant real estate (hereinafter “each of the instant sales contracts”).

C. Each of the instant real estate was designated as a land transaction permission zone on June 15, 1990, and was rescinded on February 6, 2014.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2, 7, and 14 (including virtual number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to complete the registration procedure for transfer of ownership on the ground of each of the instant sales contracts with respect to the share of 992/840 of each of the instant real estate claimed by the plaintiffs among the instant real estate.

3. On the judgment of the defendant's defense, the defendant asserts that each of the instant sales contracts was invalid since it was a contract under which it was impossible to obtain permission for land transaction from the beginning, and it was a contract under which it would exclude permission for land transaction

The facts that each of the instant real estate was designated as a land transaction permission zone at the time of the conclusion of each of the instant sales contracts are as seen earlier. If the designation was cancelled at the time of the conclusion of each of the instant sales contracts, the Plaintiffs and the Defendant agreed to complete the registration of ownership transfer under the Plaintiffs’ name, if the designation was cancelled, there is no dispute between the parties. This excludes land transaction permission under the National Land Planning and Utilization Act from the beginning.