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(영문) 광주지방법원 2018.06.21 2017가합54840

손해배상(기)

Text

1. The Defendant calculated the Plaintiff’s interest rate of 15% per annum from July 5, 2017 to the full payment day.

Reasons

1. Basic facts

A. The Plaintiff is a person who was in a de facto marital relationship with Nonparty C, and C is a person who actually operates the Defendant.

B. On August 30, 2016, the Plaintiff concluded a sales contract with the Defendant for each of the buildings of paragraphs 1 and 2 of the attached Table Nos. 3 and 4 at KRW 160 million for each of the buildings of KRW 186 million.

(hereinafter referred to as "each building of this case" when all the buildings listed in the separate sheet are referred to.

At the time of the closing of the argument in this case, two of the buildings listed in the attached list Nos. 1 and 4 were registered as to the compulsory auction decision, and the buildings listed in paragraphs 2 and 3 are owned by D.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 2 and 29 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The Defendant’s duty to compensate the Plaintiff for damages (1) according to the facts found earlier prior to the Defendant’s obligation to transfer ownership and performance impossibility, barring special circumstances, the Defendant is obligated to complete the registration of ownership transfer for each of the instant buildings pursuant to the sales contract concluded on August 30, 2016. However, inasmuch as the third party acquired ownership for each of the instant buildings or the compulsory auction commenced and the Defendant’s obligation to transfer ownership was omitted, the Defendant is obligated to compensate the Plaintiff for damages incurred therefrom. (2) The amount of damages suffered by the right holder as a matter of principle is equivalent to the market value of the object at the time when the performance becomes impossible.

(See Supreme Court Decision 2005Da55411 Decided March 10, 2006. However, the sale price of each building of this case was a total of KRW 694,40,000 (= KRW 186,00,000 x 2161,200,000 x 2) and the market price at the time of impossibility of performance is deemed to have been the same. Thus, the defendant at least KRW 694,40,000 and the delivery date of a copy of the complaint of this case as well as the service date of a copy of the complaint of this case.