The judgment below

The part against the Defendants is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. Review of the reasoning of the lower judgment and the evidence duly admitted by the lower court reveals the following facts.

On January 1, 1997, the Plaintiff entered into a sales contract with Pyeongtaek-si N. 312 square meters, O 492 square meters, P prior to P. 10,865 square meters (hereinafter “instant real estate”) located within the land transaction permission zone between L and M, and entered into a sales contract with a purchaser of KRW 652,745,00 (hereinafter “instant sales contract”), and entered into a special agreement that “seller shall issue documents for exclusive use in the name of the purchaser according to the number of buyers.”

B. L entered into a resale contract with the instant buyer without filing an application for permission for land transaction while concluding a contract to resell part of the instant real estate immediately on the day on which L entered into the instant sales contract with the Plaintiff.

C. On October 7, 1997, the P, one of the instant real estate, was divided into: (i) 3,117 square meters prior to P; (ii) 1,37 square meters prior to AD; (iii) 1,726 square meters prior to Z; (iv) 1,482 square meters prior to W; and (iii) 3,203 square meters prior to TM (hereinafter “the first division”); and (iv) the Plaintiff became a co-owner of the said land “3,117 square meters prior to the division”.

The instant real estate was released from the land transaction permission zone around January 1, 1998, and each of the said divided lands was re-divided several times again. Of them, the instant real estate was released from the land transaction permission zone, and was sub-divided after a criminal judgment on the violation of the Act on Special Measures for the Registration of Real Estate against L was rendered.

E. On May 11, 1999, the Plaintiff is a co-owner of the land “3,117 square meters prior to the subdivision” and is registered as a co-owner of the BH land divided from the said land (hereinafter “redivision”) by participating in the subdivision of the co-owned property (hereinafter “redivision”).

F. Meanwhile, each real estate listed in the separate sheet in the judgment of the court below stated in the defendants' name is all divided "AD, Z, W, and T".