유동적 무효인 계약의 법률관계 = A Legal Principles of Circulating an Invalid Contract

다국어 초록 (Multilingual Abstract)

The precedent case law of the Korean Supreme Court recognizes fluid invalidation of rea1 estate sales and purchase contracts which entered into without the Goverument`s permission within the area where the Government expressly requires parties to acquire permission for rea1 estate sales and rea1 estate purchases. The case of law dealt with the legal action which fluid invalidated negates both ob1igationa1 effect and reality effect. The case law, however, acknowledges duty to cooperate with in legal interests. Furthermore, it recognizes canee1ation of defective declaration of intent, exoneration of depository contracts and agreement of compensation for damages. The perspective of the Supreme Court, as shown in precedent case law, is directly contradictory to the 1e gis1ator`s intent and inconsistent with genera1 1egal principles which complete1y negates the effect of invalidated 1egal action. Consequently, this artic 1e intends to clarify limits on interpretation of the legal principles and the adoption of restriction of the offense.