소유권이전등기
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. In the first instance trial, the Plaintiff filed a claim for ownership transfer registration of 1/62 shares of the real estate listed in the separate sheet with the primary claim, and sought damages in lieu of performance impossibility on the ground that the Defendant’s obligation to transfer ownership was impossible. The first instance court dismissed the primary claim and partly accepted the preliminary claim.
Accordingly, since only the plaintiff appealed against the dismissal part of the conjunctive claim, this Court decides only the legitimacy of the conjunctive claim.
2. The reasoning of this Court concerning this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, except for the following changes, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The second sentence from the third sentence of the judgment of the court of first instance is to change the following parts: "However, the defendant has completed each registration of the transfer of ownership with respect to 1/62 shares among the real estate in this case to 62 persons, including B, etc. on June 29, 2012."
"However, on June 29, 2012, the defendant completed the registration of ownership transfer for each of 1/62 shares among the instant real estate to 54 persons, including B, etc., and for each of 2/62 shares among the instant real estate to 4 persons, such as D, etc.
3. According to the facts of the recognition as above, although the Defendant was obligated to implement the procedure for the registration of ownership transfer with respect to 1/62 shares of the instant real estate pursuant to the transfer contract dated June 26, 2012, the Defendant completed the registration of ownership transfer with respect to the instant real estate shares to 58 persons other than the Plaintiff on June 29, 201, and thereby, the Defendant’s obligation to register ownership transfer to the Plaintiff was subsequently impossible. Thus, the Defendant is obligated to compensate the Plaintiff for compensatory damages due to nonperformance of the obligation to register ownership transfer.
4. Scope of damages.
(a) interests in performance;