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(영문) 대전지방법원 2012.05.10 2011가단28127
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 5, 2004, the Plaintiff B and C concluded a sales contract with the Defendant E and the deceased to purchase the purchase price of KRW 280,137,000 (hereinafter “instant sales contract”) among the real estate listed in the attached list located within the land transaction permission zone under the National Land Planning and Utilization Act as of July 5, 2004 (hereinafter “the instant forest”). As to the payment of the said purchase price, the Plaintiff B and C agreed to pay the down payment of KRW 20 million on the date of the contract, the intermediate payment of KRW 50 million on July 31, 2004, and the intermediate payment of KRW 50 million on August 25, 2004, the intermediate payment of KRW 50 million on September 16, 2004, and the remainder of KRW 370 on September 30, 204, and the land transaction agreement was null and void.

B. The buyer’s column of the instant sales contract did not state the name of Plaintiff B and C, and only stated “A and four others.”

C. The Deceased died on December 7, 2004, and on August 25, 2005, Defendant F, who was his children, completed the registration of ownership transfer based on an inherited property consultation division agreement with respect to one-half portion of the forest land of this case. D.

On the other hand, the forest of this case was designated as the land transaction permission zone on February 11, 2003, and was released from the land transaction permission zone around February 2009.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, witness I's witness I's testimony, part of the questioning result of plaintiff C's questioning, purport of whole pleadings

2. The parties' assertion

A. Where the designation of the land designated as the land transaction permission zone is cancelled, the Plaintiffs no longer need to obtain the land transaction permission even if the land transaction contract was concluded without obtaining the land transaction permission during the designated period of the land transaction permission zone. As such, the designation of the instant forest land as the permission zone was cancelled, and the instant sales contract became effective definitely, and the Plaintiffs are on the date of the contract.

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