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(영문) 수원지방법원 안양지원 2018.01.18 2017가단110241
소유권이전등기
Text

1. The Defendants are on the grounds of a sales contract dated June 26, 2004:

A. Each real estate listed in the separate sheet to Plaintiff A.

Reasons

1. Facts of recognition;

A. On June 26, 2004, the Plaintiffs entered into a sales contract to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”). The Plaintiffs paid all the sales proceeds (hereinafter “instant sales contract”) and paid all the sales proceeds.

B. Since the instant real estate was a land transaction permission zone at the time of the sales contract, the Plaintiffs and net G agreed to implement the transfer registration later, and the instant real estate was delivered to the Plaintiffs for use.

C. The deceased G died on February 15, 2008, and the Defendants are heirs as children of the network G.

(The shares in inheritance shall be equal to the shares in inheritance recorded in the attached list).

The instant real estate was released from the land transaction permission zone on December 15, 2010.

[Recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted by the parties that since the instant real estate was cancelled in the land transaction permission zone, the Defendants asserted that they were obligated to complete the registration of ownership transfer in accordance with the instant sales contract for their inheritance shares among the instant real estate. The Defendants asserted that the instant sales contract was concluded with a decision to exclude land transaction permission from the beginning, and thus becomes final and conclusive due to the failure to obtain land transaction permission, or even if it was valid due to the failure to obtain a land transaction permission, the net G delivered all necessary documents prior to the registration at the time of the conclusion of the

B. The land transaction contract concluded without obtaining permission from the competent administrative agency with regard to the land located within a zone designated as a zone for permission of land transaction under the Act on the Utilization and Management of the National Territory shall be finally null and void if it is a contract that excludes or destroys the permission.

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