(a) The case holding that the so-called claim is purported to exercise the so-called claim for compensation on the ground that the seller acquired compensation subject to the land expropriation, which is the cause of impossibility of performing the obligation to transfer ownership, on the ground that he received compensation due to the expropriation of the land for sale;

B. Whether the subject claim is recognized as an effect of non-performance (affirmative)

(a) The case holding that the claim for payment of the compensation shall be deemed to be the purport of exercising the so-called right to claim compensation on the ground that the seller has acquired the compensation subject to the land expropriation, which is the cause of the impossibility of performing the obligation to transfer the ownership of the above land, on the ground that he received the compensation due to the expropriation of the land for the purpose of sale;

B. The Korean Civil Code does not stipulate the right to claim for compensatory damages, in addition to the creditor's right to cancel the contract, as an effect of impossibility of performance, but there is no reason to deny the right to claim for compensatory damages

Article 390 of the Civil Act

Attorney Park Sang-young, Counsel for the plaintiff-appellant

Defendant-Appellee et al., Counsel for the defendant-appellant

Seoul High Court Decision 91Na26555, 91Na26562 (Counterclaim) decided December 10, 1991

Each appeal shall be dismissed.

The costs of appeal shall be assessed against each appellant.

1. We examine the grounds of appeal by the Plaintiff (Counterclaim Defendant, Plaintiff hereinafter) attorney.

Upon examining the evidence established by the court below in accordance with the records, in concluding a sales contract for the land owned by the plaintiff to be incorporated into the access road of the Sochchchin, the scope of the object is not limited to unlimited inclusion as to the land incorporated for the opening of the access road, such as theory of lawsuit, but it is recognized that the plaintiff should not freely include all the land incorporated for the opening of the access road as the land incorporated for the access road, and that the land should be determined on the basis of the area of the cadastral approval and public notice as the land incorporated for the access road, but the increase or decrease should be made within the scope of the area in accordance with the actual horizontal plane after the opening of the access road. Therefore,

2. We examine the Defendant (Counterclaim Plaintiff, Defendant hereinafter)’s ground of appeal.

According to the records, the plaintiff sought monetary payment on September 4, 1991 as stated on the date of first pleading of the court below on the ground that the plaintiff sought compensatory compensation in accordance with the market price equivalent to the time of failure to perform the obligation to transfer ownership of the land of this case and the land of this case was expropriated in the preparatory form. The above preliminary claim is seeking monetary payment on the ground that the defendant acquired the compensation subject to the land of this case due to the land expropriation, which is the cause of the impossibility to perform the obligation to transfer ownership of this case, and thus, it can be seen as exercising the so-called right of claim. Therefore, the court below's decision to the same purport is just and there is no

The Korean Civil Code does not provide the creditor's right to compensatory damages and the right to cancel the contract as an effect of impossibility of performance, but there is no reason to deny the right to claim the subject matter, and the theory that recognizing the right to claim the subject matter goes against the Public Compensation of Loss and the interpretation of the parties' intention is merely an independent opinion.

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

Justices Song Man-man (Presiding Justice)