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Cases
2011Da33429 Apartment Dong, lake lottery
Plaintiff, Appellant
As shown in the separate list of Plaintiffs.
Defendant, Appellee
A Apartment1 Complex Reconstruction Association
Judgment of the lower court
Seoul High Court Decision 2010485807 Decided March 31, 2011
Imposition of Judgment
June 12, 2014
Text
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The fact that the performance of an obligation is impossible is not simply an absolute and physical impossibility, but a creditor cannot expect the realization of the obligor’s performance in light of the experience rules or transaction norms in the social life (see Supreme Court Decision 2000Da22850, Jan. 24, 2003, etc.).
2. According to the reasoning of the judgment below, the court below acknowledged that the above new apartment units were newly built 40 units of 275 units of 20 units of 10 units of 4 units of 20 units of 1 units of 4 units of 4 units of 20 units of 20 units of 1 units of 4 units of 20 units of 1 units of 4 units of 4 units of 20 units of 2 units of 5 units of 1 units of 1 units of 4 units of 4 units of 5 units of 2 units of 1 units of 1 units of 4 units of 7 units of 5 units of 2 units of 7 units of 5 units of 1 units of 20 units of 5 units of 1 units of 1 units of 1 units of 2 units of 1 units of 1 units of 2 units of 5 units of 1 units of 1 units of 1 units of 1 units of 3 units of 1 units of 7 units of 1 units of 2 units of 1 units of 3 units of 4 units of 1 units of 1 units of 1 units of 2.
Examining the reasoning of the judgment below in light of the relevant legal principles and records, the above judgment of the court below is just and there is no error in the misapprehension of legal principles as to non-performance as otherwise alleged in the ground of appeal.
3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Lee Sang-hoon
Justices Shin Young-young
Justices Kim Yong-deok
Justices Kim So-young
Site of separate sheet
A person shall be appointed.