손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are found to be of no dispute between the parties, or to be found in Gap evidence 1 to 3, and Eul evidence 1 by integrating the purpose of the entire pleadings:
A. On September 3, 2015, the Defendant concluded a sales contract with C Co., Ltd. (hereinafter “Nonindicted Company”) for the purchase of E-building F (hereinafter “instant real estate”) newly built on the ground of Dobong-gu Seoul Metropolitan Government D (hereinafter “instant lease”) at KRW 140,00,000 (hereinafter “instant sales contract”), and paid KRW 50,000,000 in total to the Nonparty Company as down payment and intermediate payment.
B. On April 29, 2016, the Plaintiff entered into a sales contract with the Defendant’s agent G to acquire the ownership of the instant real estate in KRW 175,00,000 (hereinafter “instant sales contract”), and paid KRW 5,000,000 for the same day’s down payment to G, and KRW 65,000 for the intermediate payment on May 12, 2016, respectively.
C. Since then, the non-party company consented to the above transfer contract between the original defendant and changed the status of the buyer as to the real estate of this case from the defendant to the plaintiff.
2. The assertion and judgment
A. The non-party company, at the time when the contract for the transfer of the right to purchase the instant loan was concluded, was unable to resolve the conflict and dispute with the owner, and eventually, it cannot objectively expect the acquisition of the instant real estate and the transfer thereof to the buyer, by acquiring the instant real estate to the buyer by finally refusing the transfer of the right to purchase the instant loan, such as the cancellation of the contract for the transfer of the right to purchase the instant loan from the owner. Therefore, the Defendant is liable for nonperformance of the obligation to sell the right to purchase the ownership of the original defect, which cannot be transferred to the Plaintiff
The Plaintiff’s right to sell the instant case upon delivery of the preparatory brief dated June 5, 2019, pursuant to Article 546 of the Civil Act due to such impossibility of performance.