[손해배상][공1981.9.1.(663),14165]
The time to calculate the amount of damages for the bona fide buyer in selling another person's right.
Where the loss of a seller in a lawsuit claiming the cancellation of the registration of transfer of ownership in the name of the seller filed by the original owner against the seller is finalized, the amount of damages (liability for warranty) against the bona fide buyer of the seller shall be calculated as the standard market price at the time of such loss.
Articles 569 and 570 of the Civil Act
Supreme Court Decision 75Da21 delivered on May 13, 1975, Supreme Court Decision 80Da417 Delivered on June 9, 1981
Plaintiff
Seoul High Court Decision 200Na14888 delivered on August 1, 200
Daegu High Court Decision 80Na1142 delivered on November 13, 1980
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The first ground for appeal by the Defendant is justified.
According to the reasoning of the judgment below, the court below determined that the original owner lost the seller in the lawsuit claiming for the cancellation of ownership transfer registration procedure filed against the seller in the case of sale of another person's right, as in the case of this case, and recognized that the seller's warranty liability was the seller's warranty liability on the ground that the seller's performance of the seller's obligation to register ownership transfer of the target real estate has been impossible, and it does not recognize that the defendant was liable for damages due to the impossibility of performance as a non-performance of obligation. Therefore, the appeal by the court below that the defendant did not
Next, the Defendant’s second ground of appeal is the health team.
In the above case, in principle, when a seller cannot acquire a right that was the object of sale and transfer it to a buyer, that is, in the case of this case, when the seller cannot acquire a right that was the object of sale and transfer it to a buyer, the price of the object at the market price at the time when the seller's loss was determined in the above claim for cancellation registration procedure. Therefore, the calculation of damages by the court below based on the above opinion is just in the calculation of damages by a party member, and it is not a party member, and it is not a party member, since it is merely an independent opinion that argued that there was an error in the judgment of the court below.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Shin Jong-young (Presiding Justice)