Where a disposition of designating a reserved land for sale is taken, the amount of damages caused by the seller's acquisition of ownership of the subject matter of sale and transfer thereof to the buyer.

The amount of damages caused by the seller's impossibility of transferring the ownership of the subject matter of sale to the buyer is the amount calculated by the location of the land designated as the land scheduled for substitution as of the time the performance is impossible.

State Armed Forces et al., Counsel for the defendant-appellant

[Defendant-Appellant] Kim Nam-nam, Counsel for defendant-appellant

Seoul High Court Decision 74Na2051 Decided February 6, 1975

The original judgment is reversed, and the case is remanded to the Seoul High Court.

The defendant's attorney's second ground of appeal is examined.

According to the reasoning of the judgment of the court below, the court below held that the defendant, who sold 415 square meters in aggregate to the plaintiff of the three parcels of the real estate of this case, had a duty to compensate the plaintiff for the amount equivalent to the market price of the real estate as of January 4, 1974, which became impossible to acquire ownership of the sale object and transfer to the plaintiff, as of January 4, 1974. The defendant asserted that the plaintiff's claim against the plaintiff as of the above 415 square meters in total as of the above 415 square meters inasmuch as the disposition of replotting of the land substitution of the real estate of this case was final and conclusive, since the land substitution of the three parcels of the real estate of this case was reduced to 313 square meters and five smalls of fives of land substitution, as the defendant did not transfer the ownership of the previous land of this case as of January 4, 1974 at the time of the impossibility of execution. The above land substitution value of the above 313 normal 415 square meters and rejected the above claim against the defendant.

However, in a case where a disposition to designate a land as a land as a land as a planned land substitution exists, the owner of the previous land can exercise the same right as that of the previous land for the land as that of the previous land, and cannot use it or profit from it, and in addition, in a case where a land as a planned land substitution becomes final and conclusive, it is reasonable to see that if there was a disposition to designate a land as a planned land substitution as of January 4, 1974, which is the time when the execution of the previous land was impossible, the amount calculated by the location of the land as a planned land substitution is the objective market price of the previous land, which was the object of sale, as of January 4, 1974, which is the time of the impossibility of the execution of the previous

Therefore, in this case, the court below assessed the price of the previous land as the market price of the object of sale of this case by calculating the price of the land without considering the land scheduled for substitution. It erred in the misapprehension of law that affected the conclusion of the judgment as to the calculation of the compensation amount in accordance with the market price of the object. Therefore, the appeal on this point shall be accepted and the judgment on the first ground for appeal shall be reversed without considering the judgment on the first ground for appeal

Justices Yang Byung-ho (Presiding Justice)