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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 12, 2003, the Plaintiff entered into a contract with the Defendant to purchase KRW 14,533 square meters of land B in Gwanak-gu in Seoul Special Metropolitan City, 602 square meters of land C, 605 square meters of forest land, and KRW 18,671 square meters of forest land, excluding planned roads (hereinafter “each land before the instant partition”), and paid KRW 10.3 billion to the Defendant the down payment of KRW 1 billion on May 12, 2003, and the intermediate payment of KRW 4 billion on October 8, 2003.
B. Each of the lands before the instant partition was divided thereafter as indicated below, and only each of the instant lands was expropriated in Seoul Special Metropolitan City and remaining.
In the case of expropriation of a lot number after the subdivision of a lot before the subdivision, paragraph (1) E of paragraph (1) of the attached Table No. 1 of the B B B of Seoul Special Metropolitan City, Seoul Special Metropolitan City, 602㎡ B of 454С, and 14,53С of C forest land of 130С of 14,53С of 475§³ in attached Table No. 2 of the attached Table No. 1 of paragraph (2) of the attached Table No. 4 of paragraph (3) of the attached Table No. 4 of paragraph (4) of the attached Table No. 4,440С of H forest of 4,440С in attached Table No. 400С of 503С of forest land of 400С of 571§³ of forest land of 503С in J
C. Each land before the instant division was located within the land transaction permission zone at the time of the instant sales contract, but thereafter, the designation of the land transaction permission zone was cancelled, and remains at present.
[Reasons for Recognition] Facts without dispute, entry of Eul 1 and 2 evidence (including each number), the purport of the whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
(a) When a land transaction contract has been concluded within the designated period without obtaining permission for land transaction within the permitted area during the designated period, and the designation of the permitted area has not been revoked or the designation period of the permitted area has expired, the party to the transaction becomes finally effective without obtaining permission for land transaction from the competent administrative agency any longer, except in cases where the said land transaction contract has been finally invalidated before the designation of the permitted area was revoked; and