beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On February 8, 2006, the head of the Northern-si Office issued a written confirmation of land use plan stating the specific use area of urban management planning under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) as “management area, agricultural and fishery area, specific use district, tourist resort development promotion district,” “tourist resort development district,” and “Class II district unit planning district” as “Class II district unit planning district.”
C, D, and E decided to purchase the instant real estate from F on January 20, 206 (hereinafter “the instant sale”). On the instant real estate, C, under the instant sale and purchase contract, entered only E only, and upon lending the Plaintiff’s name, 62,152/135,847/135,847, D, as to 41,322/135,847, E, as to 32/135,847/137, as to 32,373/13, as to 135,847, it completed the registration of transfer of co-owner’s share on March 3, 2006, under the sales contract of this case.
However, the land use plan confirmation issued by the buyers of the instant sales contract from North Korea on February 5, 2007 by the buyers of the instant sales contract, unlike the previous confirmation document, stated that the instant real estate constitutes “agricultural and forest area, control area, conservation forest (production), and quasi-contained forest”.
At the time of the instant purchase and sale, the instant real estate actually fell under an agricultural and forest area under the National Land Planning Act. Since the drawings managed by the Defendant to issue a certificate of land use planning overlap with the boundary between the instant real estate and neighboring real estate, a public official belonging to the issuing authority of the land use planning confirmation (e.g., North Korea Office at port) of the instant real estate issued a certificate of land use use planning of the instant real estate, indicating to the “tourism and resort development promotion district” and “Class II district unit planning district,” which do not fall under the said real estate.