소유권말소등기
1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 47.5 million and the defendant shall pay to the plaintiff the amount of KRW 47.5 million.
1. The following facts are no dispute between the original and the Defendant:
On April 9, 2012, the Plaintiff sold each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) to the Defendant at KRW 815 billion (hereinafter “instant sales contract”). The Plaintiff agreed to pay the remainder of the purchase price at KRW 47.5 million as a loan, after completing the registration of ownership transfer for each of the instant lands, after the Defendant’s completion of the registration of ownership transfer for each of the instant lands.
B. On April 19, 2012, the Plaintiff completed each registration for the transfer of ownership with respect to each of the instant land (hereinafter “each of the instant land transfer”), and the Defendant did not pay the Plaintiff the remainder of KRW 47.5 million. Accordingly, the instant sales contract was cancelled on December 16, 2013 according to the Plaintiff’s notice of cancellation on the grounds of the Defendant’s default.
C. However, each of the instant lands was sold to D through voluntary auction on June 9, 2014, and at the time, the total market value of each of the instant lands was KRW 1 billion.40,064,000.
2. According to the above, since the Defendant’s obligation to cancel each of the instant registration of ownership transfer against the Plaintiff, who is the duty to restore the duty to restore following the cancellation of the instant sales contract, the Defendant is obligated to compensate the Plaintiff for damages arising from the impossibility of performance, and where the obligation to register the cancellation of ownership transfer becomes impossible, the amount of damages suffered by the right holder is in principle equivalent to the market price of the object at the time of impossibility of performance (see Supreme Court Decision 2005Da5411, Mar. 10, 2006), barring any special circumstances, the Defendant is liable for damages to the Plaintiff within the scope of KRW 1,40,064,00,000, which is the total market price of each of the instant land at the time of impossibility of performance, and as from June 9, 2014, which is the time of impossibility of performance, the Defendant’s claim against the Plaintiff as to the existence and scope of the obligation to pay from June 2, 2015.