1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. In the first instance court, the Plaintiff sought reimbursement of damages due to nonperformance of the instant sales contract. The first instance court accepted all claims on ordinary damages and special damages.

As the defendant appealed only to the special damage portion, the scope of the judgment of this court is limited to the special damage portion.

2. The reasoning of the court's explanation concerning this case is as follows, except for the case's 'special damage' portion from 4th to 6th 19th 6th 19 of the judgment of the court of first instance, and therefore, it is identical to the ground of the judgment of the court of first instance. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

3. Part 2 of the Special Loss: (a) According to Article 393(2) of the Civil Act, the obligor shall be liable only when he/she knew or could have known of the special circumstances; and (b) the time to determine whether the obligor knew or could have known of the special circumstances in compensation for damages due to the special circumstances at the time of nonperformance rather than at the time of conclusion of the contract; (c) in cases where the obligor purchased real estate and received the transfer registration of ownership, but the obligor becomes unable to perform the seller’s obligation to perform the transfer of ownership due to the final and conclusive judgment ordering the cancellation of the ownership transfer registration in the lawsuit filed by the genuine owner, the time to determine whether the seller knew or could have known of the special circumstances, namely, when the judgment ordering the cancellation of the seller’s obligation to perform the transfer of ownership becomes final and conclusive (see, e.g., Supreme Court Decision 2010Da97136, Apr. 14, 2011).