소유권말소등기
1. The plaintiffs' appeal against the defendants and the appeal against the plaintiffs of the Korea Land and Housing Corporation are all filed.
1. The reasoning for this Court’s explanation concerning this case is as stated in the part of the judgment of the first instance except for adding a judgment on the grounds for appeal by the plaintiff and defendant Corporation and a new argument in the trial by the defendant C as set forth in the following 2 through 4, and therefore, it is identical to the part of the reasoning for the judgment of the first instance. Thus, this Court shall accept it as it is in accordance
2. Judgment on the ground for appeal by the plaintiff
A. The calculation of the subject amount in a claim based on the basis for calculating the subject amount of compensation should be based on the original price of benefits at the time of the closing of fact-finding proceedings. As such, the subject amount for the instant land should be calculated based on the appraised price at the time of closing of fact-finding proceedings.
The present status of the basis for calculating the amount of compensation on the ground of the instant land has already been developed as a site on January 1, 2010, so the instant land shall be deemed as a “site” and the amount of compensation shall be calculated by assuming the instant land as “site.”
B. (i) The amount of damages suffered by the right holder is, in principle, equivalent to the market price of the object at the time when the right holder becomes unable to perform his/her duty to cancel the registration of ownership transfer at the time of calculating the amount of compensation.
(See Supreme Court Decision 2005Da29474 Decided September 15, 2005, etc.). As seen earlier, the Defendants’ obligation to cancel the registration of ownership transfer to the Plaintiffs upon completion of the Housing Site Creation Project around January 1, 2010 was impossible. As such, the Plaintiffs’ damages should be calculated on the basis of January 1, 2010, when it is impossible to perform.
Even if the market price of the instant land around January 1, 2010, when the plaintiffs' damages on the basis of the calculation standard of Doll damages were to be impossible, the detailed amount of damages should be calculated on the basis of the site, which is the current status of increase in value by the efforts of the defendant corporation, and the present status of the instant land.