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1. The Defendant’s KRW 210,00,000 as well as the Plaintiff’s annual rate from July 16, 2015 to August 16, 2018, and the following.
Reasons
1. Basic facts
A. On February 24, 2010, the Plaintiff purchased from the Defendant and C (hereinafter “the Defendant, etc.”) KRW 330,000,000 for the divided exclusive use area of KRW 330,00,000 as shown in the attached Form No. 4 among the land outside D and 26, as shown in the attached Form No. 4, and 69,000,000,000 for the sold area of KRW 422,415,00. The Plaintiff paid the Defendant, etc. totaling KRW 210,00,000 as follows.
Temporary amount (won) on February 25, 201: 146,500,000 on May 10, 2010; 210,500,000 on a total of 21,50,000 on December 21, 201;
B. After the conclusion of a contract, the owners of E amusement park 330 square meters (hereinafter “instant land”) at the time of Pakistan, which is part of the subject matter of sale, were changed as follows.
The sale on December 22, 2010, of land trust for the temporary owner on December 30, 2010, for the reason of the temporary owner’s registration, as of December 22, 2010, F on December 6, 2012, the voluntary auction on December 6, 2012, as of December 6, 2012, G 2013, July 1, 2013, the sale on October 29, 2015, H on October 29, 2015
C. The Plaintiff asserted that the instant sales contract was null and void or cancelled, and filed a lawsuit seeking the refund of the sales price paid with C.
(A) On July 16, 2015, the District Court held that the contract was rescinded on the grounds of delay of performance and impossibility of performance (the fact that the registration of transfer of ownership in the instant land was made on July 23, 2013) of C and rendered a judgment to accept all the Plaintiff’s claims.
(2014Gahap76) C appealed the above decision.
After the Plaintiff transferred the instant land ownership to H ( October 29, 2015), the Plaintiff sent to the Defendant, etc. a certificate of content that the contract will be rescinded on the grounds that the ownership transfer registration was impossible.
E. In lieu of the rejection of the claim for cancellation that was accepted by the Seoul High Court on September 1, 2016, the Seoul High Court is unable to perform the obligation to transfer ownership of the Defendant, etc. on October 29, 2015 because the ownership transfer registration was made to H on the instant land.