Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The defendant.
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the following additional determination as to the contents asserted by the plaintiff as the grounds for appeal, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff’s ground of appeal was that the land prior to the instant subdivision was designated as the land transaction permission zone, but its designation was cancelled recently.
Since it is impossible to claim the implementation of the procedure for ownership transfer registration until the designation of the land transaction permission zone is cancelled, the Plaintiff’s right to claim ownership transfer registration did not run for the period during which the instant land belongs to the land transaction permission zone.
Therefore, the plaintiff's right to claim the transfer of ownership has not expired by prescription.
B. The fact that the date of the sales contract between the Plaintiff and B on the land before the instant subdivision was May 15, 200 is no dispute between the parties, and according to the evidence Nos. 6, 7, and 8, the land before the instant subdivision was designated as a land transaction permission zone on November 20, 202 and the designation was revoked on January 31, 2012.
However, if the date of the conclusion 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 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 the procedure for the transfer registration under the buyer's name
not required to obtain permission for the act of cause.
(1) The land transaction permission zone was designated prior to the division of this case after the execution of the instant sale contract. Thus, the designation of the said land transaction permission zone was obstructed by the Plaintiff’s exercise of the right to claim ownership transfer registration.