A. On April 2, 2013, the registration of ownership transfer was completed on November 26, 2009 between the Plaintiff and the Defendant, respectively, on the first floor of the D Building Nos. 101, 102, and 103 (hereinafter “instant building”).

B. On April 1, 2014, the Defendant: (a) written statement to the Plaintiff, stating that “I will transfer, sell, and complete the construction of the instant building (amounting to KRW 400 million) to the Defendant; (b) will transfer the title of the instant building (amounting to KRW 500 million at the market price) to the Plaintiff; (c) will be punished for civil and criminal punishment if I will do so; and (d) on May 12, 2014, the Plaintiff completed the registration of transfer on April 1, 2014 with respect to 1/2 of the instant building on the part of the Defendant.

C. On the other hand, on July 15, 2014, the provisional registration authority of the instant building was completed on July 14, 2014, and the ownership transfer registration based on the trust was completed on July 14, 2014, and on the same day, the ownership transfer registration was completed on July 14, 2014 in the name of the K non-Real Estate Trust Co., Ltd.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (if there are virtual numbers, including each number; hereinafter the same shall apply), Eul Nos. 1 through 6, the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Plaintiff filed a claim for the registration of ownership transfer on April 1, 2014 with respect to the instant building, and the obligation to register ownership transfer was impossible due to the Defendant’s fault.

Therefore, the Defendant is liable to compensate the Plaintiff for damages incurred by the Plaintiff due to nonperformance of the obligation to transfer ownership, and the amount of damages is equivalent to the market price of the building as of July 15, 2014.

B. In full view of the aforementioned facts and the purport of the entire pleadings, the Plaintiff’s construction of the instant building according to the letter dated April 1, 2014, respectively.