손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 24,439,350 and a rate of KRW 20% per annum from December 19, 2014 to the date of full payment.
1. The Plaintiff indicated the claim under title trust with 1/7 shares out of 11,405 square meters of forest land B 11,405 square meters owned by the Plaintiff, and the Defendant completed the registration of ownership transfer with respect to 1/7 shares out of the above real estate on August 27, 1981.
The Plaintiff, upon the delivery of the duplicate of the instant complaint, expressed his/her intent to terminate the above title trust agreement, so the Defendant is obligated to implement the registration procedure for ownership transfer on the ground of termination of the title trust on the portion of 1/7 of the pertinent real estate on the date of delivery of
However, since 1/7 shares of the above real estate in the name of the defendant was sold through a compulsory auction on September 3, 2014 and the registration of ownership transfer is completed on September 11, 2014, the defendant's obligation to transfer ownership to the plaintiff was impossible. Thus, the defendant is obligated to pay the plaintiff compensation for damages due to impossibility of performance, 24,439,350 won, which is the appraised value of 1/7 shares of the above real estate, and damages for delay from the day following the delivery of a copy of the complaint of this case to the day of full payment.
2. Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act).