(영문) 서울중앙지방법원 2015.06.11 2014가단156277

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(영문) 서울중앙지방법원 2015.06.11 2014가단156277

손해배상

Text

1. The defendant paid KRW 27,473,913 to the plaintiff and 5% per annum from July 1, 2006 to August 5, 2014.

Reasons

1. Basic facts

A. On May 12, 2005, the Defendant sold to the Plaintiff a total of KRW 2476 square meters (hereinafter “1”) and KRW 267 million (hereinafter “20,000,000,000,000,000,000,000 won for the intermediate payment of KRW 266,70,000,000,000,000,000,000,000 for each of the intermediate payment of KRW 12,000,000,000,000,000 won for the remainder of July 15, 2005, which is owned by the Defendant alone, to the Plaintiff.

B. The Defendant’s obligation to register the transfer of ownership on the Defendant’s land No. 1 was agreed to complete the obligation to register the transfer of ownership on the land No. 2 by June 30, 2006 at the same time with the receipt of any balance.

C. The Defendant completed the registration of ownership transfer on July 18, 2005 to the Plaintiff, but the registration of ownership transfer on the land No. 1 was not completed yet because other inheritors' consent on the land No. 2 was not obtained.

On the other hand, if the registration of ownership transfer concerning the land No. 2 is completed by July 6, 2009 to the defendant on July 30, 2009, the plaintiff shall be deemed impossible to sell and hold him/her legally liable.

'A' sent content-certified mail to the defendant at that time, and the above mail reached the defendant.

[Ground of recognition] Facts without dispute, Gap 1 through 4, Eul 1 through 4, 7, 8, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is evident that the defendant was unable to transfer the ownership of the land No. 2, owned by another person, to the plaintiff. The part concerning the land No. 2, among the sales contract of this case, was released according to the plaintiff's intention, because the defendant failed to perform the obligation of transfer registration of ownership of the land No. 2 by July 30, 2009,

Therefore, the defendant seeks the plaintiff as the part concerning the second land out of the purchase price received from the plaintiff [=267,00,000 won x 284/284] and the plaintiff as the result of the receipt thereof.

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