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(영문) 의정부지방법원 2016.08.17 2015가단45901
손해배상(기)
Text

1. The defendant shall pay 159,820,000 won to the plaintiff and 15% per annum from February 16, 2016 to the day of complete payment.

Reasons

1. The registration of preservation of ownership was completed on March 19, 1962 in the name of the Defendant on March 19, 1962 with respect to the land B, 2440 square meters (hereinafter “instant land”).

(2) On June 26, 2014, the Plaintiff purchased the instant land from the Defendant in KRW 79,910,000, and completed the registration of ownership transfer on July 30, 2014, and the Plaintiff paid KRW 2,716,940 as local taxes at the time of acquisition.

(3) The Seoul Central District Court Decision 2014Da526807 Decided August 11, 2015 rendered that the instant land was purchased by the Republic of Korea for the purpose of distributing farmland, and was not distributed to the Republic of Korea, and thus, the ownership is reverted to C, the original owner, and the registration of preservation of ownership in the name of the Defendant Republic of Korea was ordered to cancel the registration of preservation of ownership in the name of the Defendant and to cancel the registration of transfer of ownership in the name of the Plaintiff on the ground that the registration of preservation of ownership in the name of the Defendant was invalid, and the said judgment was finalized on August

(4) On August 28, 2015, no difference exists between the market price of the instant land and 159,820,000 won (the arithmetic mean value of two appraised values) at the time of the Plaintiff’s purchase.

[Grounds for recognition] Unsatisfy, Gap-5's entries, the purport of the whole pleadings

2. (1) According to the above facts of recognition, since the judgment ordering the transfer of ownership in the name of the plaintiff and the cancellation of the registration for preservation of ownership in the name of the defendant became final and conclusive with respect to the land in this case, the defendant's obligation to transfer ownership in accordance with the sales contract in this case against the plaintiff was impossible, the defendant is liable to compensate the plaintiff for

(2) In the lawsuit for cancellation of the registration filed by the real owner, where the judgment ordering the cancellation of the ownership transfer registration filed by the real owner and the seller becomes final and conclusive, and where the seller’s obligation to transfer ownership becomes impossible to perform, the base point for calculating the amount of damages is the time the said judgment becomes final and conclusive.

(See Supreme Court Decision 92Da25946 delivered on April 9, 1993.

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