A. Whether the parties who concluded a sales contract for the land within the land transaction regulation zone under the Act on the Utilization and Management of the National Territory have a duty to cooperate in the procedure for applying for permission (affirmative)

(b) Whether a person who purchased a parcel of land within a land transaction regulation zone and has yet to be reclaimed by its land owner and is entitled to seek confirmation of the seller’s ownership by subrogation of a seller in order to preserve the seller’s right to claim cooperation in the procedure for filing an application for permission

(c) Whether a person who has purchased the land within the land transaction report area and is due to the restoration from the land cadastre may seek confirmation of the status of the seller's ownership on behalf of the seller in order to preserve the seller's right to claim ownership transfer registration (affirmative);

A. Even if a contract of sale and purchase is concluded without permission from the competent authority on the land within the land transaction regulation zone under the Act on the Utilization and Management of the National Territory, both parties to the contract are obligated to jointly apply for permission from the competent authority for the execution of the contract. The other party who fails to cooperate in the application procedure for permission due to the breach of such duty may claim the performance of the duty of cooperation.

B. In order to preserve the heir’s right to claim the performance of the duty to cooperate in the procedure for land transaction permission against the deceased’s heir, a person who purchased the land within the land transaction regulation area due to the deceased’s loss of the relevant public official such as the registry, etc. on the land due to the destruction of the land register, etc., may seek confirmation

C. The provision on the reported area under the Act on the Utilization and Management of the National Territory does not deny the judicial effect of the transaction contract in violation of the duty to report as a regulatory regulation, and thus, the purchaser of the land within the land transaction reporting area from the deceased is entitled to seek confirmation of whether the deceased’s successors have the right to claim for the registration of ownership transfer against the deceased’s successors, regardless of whether the head of the competent Gun has reported the transaction

(b)Article 21-3(b) of the Act on the Utilization and Management of the National Territory. Article 404(c) of the Civil Code, Article 21-7 of the Act on

A. Supreme Court en banc Decision 90Da12243 delivered on December 24, 1991 (Gong1992, 642) 92Da3414 delivered on October 27, 1992 (Gong1992, 3295) 92Da36830 delivered on January 12, 1993 (Gong193, 692)

Plaintiff

Korea

Seoul Civil District Court Decision 92Na25730 delivered on October 29, 1992

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

The obligee’s subrogation right stipulated in Article 404 of the Civil Act refers to the right of the obligor to exercise the obligee’s right to a third party if it is necessary for the obligee to preserve his claim against the obligor. The preserved claim is sufficient if the cause of the claim is no longer the necessity for preservation and the due date comes into existence (see Supreme Court Decision 87Meu961, Feb. 23, 198). Even if the sale contract was concluded without permission of the competent authority as to the land within the land transaction regulation zone under the Act on the Utilization and Management of the National Territory, both parties to the contract have the obligation to cooperate so that the contract can be completed as effective, and if the other party fails to cooperate in the procedure for the application for permission, the other party is entitled to request the confirmation of the performance of his duty of land transaction as to the above inheritor’s land transaction contract, and thus, the plaintiff cannot seek the confirmation of the land transaction obligation under the Act on the Utilization and Management of the National Territory for the purpose of preserving the deceased’s land transaction report within the land transaction regulation zone as established by the court below.

The judgment below to the same purport is correct, and there is no error in the misapprehension of legal principles, such as theory of lawsuit. All arguments are without merit.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.