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(영문) 서울동부지방법원 2020.09.11 2020나20915
소유권이전등기
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except where the following judgment is added to the plaintiff's new argument at the court of first instance at the last stage of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. The Plaintiff added the portion, even though the Defendant’s act of making it impossible to make a provisional registration in the land transaction permission zone even though the area of the instant real estate was not designated as a land transaction permission zone, was not considered a legal deception, the Defendant’s assertion of extinctive prescription is not permissible as an abuse of rights against the principle of good faith, since at least the Defendant’s act under his/her responsibility is unable to exercise his/her right properly due to the act under the law, and thus, the Defendant’s assertion of extinctive prescription cannot be allowed as an abuse of rights against the principle of good faith. However, as seen earlier

On a different premise, the Plaintiff’s above assertion is without merit.

In addition, the plaintiff asserts that since the real estate of this case became subject to permission for land transaction and was cancelled on March 1, 2009, such circumstance constitutes a case where there are special circumstances where the exercise of rights cannot be expected due to the de facto disability that could not be objectively exercised before the expiration of the extinctive prescription, the defendant's assertion for the completion of extinctive prescription cannot be allowed as an abuse of rights against the principle of good faith.

If the execution date of the sale contract for the land located within the regulation area of land transaction permission under the Act on the Utilization and Management of the National Territory is designated and publicly announced as a regulation area under the same Act, it is not necessary to obtain permission from the competent authority for the sale contract, and it has been made after the designation and public notice of the regulation area under the purchaser's name

of this section.

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