The meaning of "the act of entering into a contract for land, etc. without permission" which is subject to penal provisions in Article 31-2 of the Act on the Utilization and Management of the National

The purpose of subparagraph 1 of Article 31-2 of the Act on the Utilization and Management of the National Territory and Article 21-3(1) thereof is to prohibit and punish a person who violates the same Act from entering into a contract for any transaction of land, etc. within the regulatory framework provided for in the same Act without permission, not to punish a person who violates the same Act. The act of entering into a contract for the transaction of land, etc. without permission, which is a subject of penal provisions provided for in Article 31-2 of the same Act, refers to the act of entering into a contract for the contract of land, etc. without permission from the beginning and do not constitute an act of excluding or evading permission from the beginning, and the act of entering into a contract

Articles 31-2 and 21-3 (1) of the Act on the Utilization and Management of the National Territory

Supreme Court en banc Decision 90Da12243 delivered on December 24, 1991 (Gong1992,642)

A

Defendant

Busan District Court Decision 91No2267 delivered on October 23, 1991

The judgment below is reversed, and the case is remanded to Busan District Court Panel Division.

We examine the grounds of appeal.

1. According to the records, the first instance court recognized that the Defendant entered into a contract to sell the land of this case, located in an area designated and publicly notified as a zone subject to regulation of land transaction contract without permission from the authorities, and applied Article 31-2 subparag. 1 and Article 21-3(1) of the Act on the Utilization and Management of the National Territory to the above company B. The lower court rejected the Defendant’s appeal on the grounds that the Defendant merely agreed on the type of the right to deal with the purchaser as a pre-stage stage for obtaining land transaction permission under the Act on the Utilization and Management of the National Territory and did not enter into the above contract, based on the evidence duly admitted by the first instance court.

2. However, the purpose of subparagraph 1 of Article 31-2 of the Act on the Utilization and Management of the National Territory and Article 21-3(1) thereof is to prohibit and punish the violator from entering into without permission any transaction contract for any land, etc. within the regulatory regulatory framework provided for in the same Act, not to punish the violator, but to enter into a transaction contract for the purpose of excluding or diving from the beginning. The term "act of entering into a contract for land, etc. without permission", which is subject to penal provisions provided for in Article 31-2 of the same Act, refers to an act of entering into a contract for the purpose of excluding or diving from the beginning, and it does not constitute an act of entering into a contract for the purpose of getting permission (see Supreme Court Decision 90Da12243 delivered on December 24, 191).

3. Therefore, the court below should first deliberate and determine whether the defendant's contract entered into with the pertinent radar house is what contents and whether it is a contract contract that excludes or excludes permission from the beginning, in order to punish the defendant as a violation of subparagraph 1 of Article 31-2 and Article 21-3 of the Act on the Utilization and Management of the National Territory. The court below did not reach this point by misapprehending the legal principles of the Act on the Utilization and Management of the National Territory, which led to a failure

Therefore, the issue is justified within this scope.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-chul (Presiding Justice)