Where the obligation to cancel the registration of transfer of ownership in the name of the buyer and the seller becomes final and conclusive in the lawsuit claiming the cancellation of the original owner, the time to calculate the amount of damages incurred by the seller's impossibility

If the obligation to cancel the ownership transfer registration of the sale real estate in the name of the seller and the buyer is finalized in the lawsuit claiming the cancellation registration procedure of the original owner, the calculation of the damages due to the seller's failure to perform the procedure shall be based on the time when the loss is finalized, and shall not be based on the time of cancellation of

Articles 569 and 570 of the Civil Act

Supreme Court Decision 72Da2207 delivered on March 13, 1973, 75Da21 delivered on May 13, 1975, and 76Da2414 delivered on November 22, 1977

Plaintiff 1 et al., Counsel for the plaintiff-appellant-appellee

Yang-gun Agricultural Cooperatives (Attorney Lee Jae-soo et al., Counsel for defendant-appellee)

Seoul High Court Decision 79Na1409 delivered on February 4, 1980

The appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

The plaintiffs' grounds of appeal are examined.

If a lawsuit claiming the cancellation of a seller's registration of ownership transfer of a real estate for the purpose of sale becomes final and conclusive as a loss of a seller, the seller's performance of registration of ownership transfer of the real estate against the buyer was impossible under the concept of social transaction. In this case, the seller's assessment of damages amount should be based on the time when the loss is determined (see Supreme Court Decisions 72Da2207, Mar. 13, 1973; 75Da21, May 13, 1975; 76Da2414, Nov. 22, 1977). Thus, the court below's judgment to the effect that a lawsuit claiming the cancellation of ownership transfer registration of the last registered titleholder against the buyer cannot be determined at the time when a lawsuit claiming performance registration of ownership transfer cannot be executed yet by a final and conclusive judgment against the former registered titleholder, or that it cannot be determined at the time when a lawsuit claiming performance registration of right cannot be executed by a final and conclusive judgment against the latter registered titleholder.

Therefore, the appeal is dismissed, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Jong-young (Presiding Justice)