유동적 무효인 계약의 법률관계

Abstract

The precedent case law of the Korean Supreme Court recognizes fluid invalidation of real estate sales and purchase contracts which entered into without the Government's permission within the area where the Government expressly requires parties to acquire permission for real estate sales and real estate purchases. The case of law dealt with the legal action which fluid invalidated negates both obligational effect and reality effect. The case law, however, acknowledges duty to cooperate with in legal interests. Furthermore, it recognizes cancelation 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 legislator's intent and inconsistent with general legal principles which completely negates the effect of invalidated legal action. Consequently, this article intends to clarify limits on interpretation of the legal principles and the adoption of restriction of the offense.