§ 570. Nature of seller's liability for warranty under the Civil Code

Article 570 of the Civil Code provides that a seller's warranty liability is not a seller's intentional act, a seller's negligence, but a legal negligence liability.

Articles 570 and 569 of the Civil Act

Doese iron

Gainok

Busan District Court (77Gahap1740)

The appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The defendant shall pay to the plaintiff 11,946,200 won with 5% interest per annum from January 16, 1978 to the full payment.

The costs of lawsuit shall be borne by the defendant, and a judgment of provisional execution

The original judgment shall be revoked.

The plaintiff's claim is dismissed.

Litigation costs shall be assessed against the plaintiff at all of the first and second instances.

On December 31, 1961, the Plaintiff purchased the above site from the Defendant on February 11, 1970, and sold the above site at KRW 2,186,00 in sum to seven (7) non-party Kim Jong-dong on the 14th day of the month following the transfer of the above site to the Plaintiff on the 14th day of the registration, and the above site was sold at KRW 2,186,00 in sum to seven (7) non-party Kim Jong-dong, and the Republic of Korea completed the transfer registration at Busan District Court at Busan District Court at KRW 75 Ga1792, and the above site was registered after the Plaintiff’s dismissal as the Defendant on December 31, 1961. The above transfer registration in the name of the Defendant was destroyed by the document forgery, and the decision of the appellate court at the same time became final and conclusive on the 14th day of the month following the transfer of ownership, and each of the above sites became final and conclusive on the 197th day of the appeal.

Therefore, the plaintiff and the defendant argued that the defendant should be held liable to compensate for the market price at the time when the above judgment became final and conclusive for the plaintiff's failure to transfer the ownership of the above site to the plaintiff. Thus, if the seller cannot transfer the right which is the object of the sale to the purchaser under Article 569 of the Civil Code, the defendant should compensate for the loss caused by his/her loss if the seller's right cannot be transferred to the purchaser. However, since the buyer's right is not the actual right holder, it includes cases like this, which can not be transferred because the buyer's right of transfer was inferred after the right of transfer was transferred to the buyer. Since the above land was distributed to Kim Sung-sung and the payment was completed, the plaintiff sold the land which he/she had been transferred to the defendant, and the defendant had been cultivated from the time of delivery. But even if the registration was made by mistake, the defendant was only registered in the amount of farmland distributed directly by the defendant, and the defendant did not have intention or negligence with respect to the above ownership, even if the seller already stated, the seller's liability for warranty is not accepted.

In such a case, the amount of damages suffered by the Plaintiff shall be the amount obtained by deducting the profits earned by the Plaintiff from the market price at the above site as of October 14, 197, which became final and conclusive that it was impossible to transfer the ownership of the above site to the Plaintiff. Thus, according to the appraisal result of the appraisal of the right to expert witness at the court below as of October 14, 1977, the fact that the market price at 201 as of the above site was 12,685,000 won is 11,946,200 won [12,685.00-(2,186,000-1,447,200)], namely, the above amount and the damages incurred by the Plaintiff shall be the amount obtained by deducting the profits earned by the Plaintiff. Accordingly, the Plaintiff’s appeal shall be dismissed as of Article 98 of the Civil Procedure Act and the Defendant’s claim for damages for delay shall be dismissed as of Article 98 of the judgment.

Judges Choi Jae-ho (Presiding Judge)