The fact that the transaction contract for forest land within the regulatory zone under the former Act on the Utilization and Management of the National Territory must meet the criteria for the permission under Article 21-4 (1) 2 (c) of the same Act, whether it can be considered as the requirements for the actual user to issue the certificate of forest sale and purchase.

Article 111 of the Forestry Act provides that a certificate of sale and purchase of forest shall be issued for the purchase of forest land for the purpose of preserving the national land through the protection of forest resources and promoting the sound development of the national economy. On the contrary, Article 111 of the Forestry Act provides that the transfer of the right shall be regulated only for the actual users who intend to manage the forest or utilize the forest for purposes other than forest management. The relevant provision on permission for contract for land transaction in the regulated area under the former Act on the Utilization and Management of the National Territory (amended by Act No. 4572 of Aug. 5, 1993), in order to regulate the transaction contract of land, etc. for the purpose of speculation itself, shall be directly involved in land transaction between individuals in the regulated area and the competent authorities in order to prevent speculation, and the purpose of the provision is to prevent the entry into force of the contract under restraint of the parties without such permission, and it shall not be deemed that the provision on permission for sale and purchase of forest under Article 110 subparagraph 3 of the former Enforcement Decree of the Forestry Act shall be within the same Act.

Article 111 of the Forestry Act; Article 110 of the Enforcement Decree of the Forestry Act; Article 15 and Article 21-4 (1) 2 of the former Act on the Utilization and Management of the National Territory (amended by Act No. 4572 of Aug. 5, 1993)

[Defendant-Appellee] Defendant 1 and 3 others

the head of Si/Gun

Seoul High Court Decision 92Gu15651 delivered on March 18, 1993

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below found that the plaintiff applied for the issuance of the certificate of sale and purchase of the forest of this case to the defendant for the purpose of forest management, but the defendant rejected the purchase of the forest of this case for the reason that the purchase of the forest of this case goes against the transaction permission criteria in the regulation area of land transactions, etc. under the former Act on the Utilization and Management of the National Territory (amended by Act No. 4572 of Aug. 5, 1993, hereinafter referred to as the "Act"), and determined that the defendant's disposition of this case was unlawful since the person entitled to issue the certificate of sale and purchase of forest of this case under Article 111 (1) of the Forestry Act and Article 110 (2) of the Enforcement Decree of the Forestry Act must issue the certificate of sale and purchase of forest of this case, and the prohibition of acts under the Act on the Utilization and Management of the National Territory under Article 110 subparagraph 3 of the Enforcement Decree of the Forestry Act does not mean the restriction of activities within the specific use area under Article 15 of the Act.

Article 111 of the Forestry Act provides that a certificate of sale and purchase of forest shall be issued for the purpose of preserving the national land through the protection of forest resources and promoting the sound development of the national economy. On the contrary, the pertinent provisions on permission of transaction contract for land, etc. within the regulation area under the Act on the Utilization and Management of National Territory shall not be applied to the cases where the competent authority directly intervene in land transactions between individuals within the regulation area in order to regulate the transaction contract for land, etc. for the purpose of speculation, so that the transaction contents conflict with the purpose of preventing speculation in the Act, thereby prohibiting the entry into force of the contract under restraint of the parties without such permission. In light of the difference between the purport of legislation and the purport of the above, the court below's determination that the "prohibited acts under the Act on the Utilization and Management of National Territory" under Article 110 (3) of the Enforcement Decree of the Forestry Act shall not be applied to the cases where there is no special provision on permission for sale and purchase of forest land within the regulation area under Article 15 (1) of the Act.

Therefore, the appeal of this case is dismissed, and the costs of appeal are assessed against the appellant. It is so decided as per Disposition by the assent of all Justices who reviewed the appeal.

Justices Park Jong-chul (Presiding Justice)