2. Determination as to the claim against the defendant B

A. 1) As to the claim for damages equivalent to the market price of the instant land, the summary of the Plaintiff’s assertion is as follows: (a) Defendant B decided to transfer all of the real estate owned by the Plaintiff to the Plaintiff; and (b) guaranteed that no limited rights, such as mortgage, security, arrears, and unpaid payment, do not exist in the assets to be transferred; (c) the Plaintiff is obliged to cancel all of the limited rights, such as the right to collateral security and seizure

However, since Defendant B did not perform the duty of cancellation of the limited rights established on the instant land, it is impossible to perform the duty of complete transfer registration of ownership of the instant land because it does not have the ability to cancel it.

Therefore, Defendant B is liable to pay KRW 125,281,00, which is equivalent to the market price of the instant land as compensation for compensatory damages due to impossibility of performance, and damages for delay.

B) The gist of the Defendant’s assertion is: (a) the sum of the maximum debt amount of the right to collateral security established on the instant land is KRW 1.735 million at the time of the conclusion of the instant acquisition agreement; and (b) if the Defendant B was to transfer ownership during the process of cancelling the said agreement, there is no reason to conclude the instant acquisition agreement. Since the instant land did not have actual value due to the right to collateral security, etc., and thus, was excluded from the subject of the instant transfer; (b) whether the instant land is subject to transfer under the instant acquisition agreement; and (c) barring special circumstances, the instant acquisition agreement (a) stipulates that the instant land is subject to transfer under the instant acquisition agreement, and thus, the instant acquisition agreement is owned by Defendant B, barring special circumstances.