1. The Defendant’s KRW 16,200,00 for the Plaintiff and 5% per annum from July 16, 2016 to April 28, 2017.

1. Basic facts

A. In around 2008, the Defendant donated the Plaintiff the answer 2,678 square meters to the Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do.

B. On March 4, 2016, the Defendant sold the said land to D in KRW 16,200,000, and D completed the registration of ownership transfer on the said land on April 6, 2016.

C. The plaintiff is E's children, E and the defendant are siblings, and the plaintiff is the defendant's Chok.

[Ground of recognition] The fact that there is no dispute, Gap 1 (see, e.g., the authenticity of the entire document of the first pleading because there is no dispute over the part of the defendant's seal impression), 3, 4, 8, 14, and the purport of the whole pleading

2. The purport of the Plaintiff’s assertion was to trust the implementation of the above donation contract and to perform the clearing construction work on the above land from January 2016. The above donation contract became impossible due to the Defendant’s fault.

As such, the Defendant shall pay the Plaintiff the sum of KRW 30,012,030 and KRW 16,200,000,030 equivalent to the purchase price of the said land as compensation for damages.

The payment of KRW 30,012,030 out of the above money as part of the claim is sought.

3. Determination

A. That the performance of the obligation to compensate for damage is impossible is not simply an absolute and physical impossibility, but a creditor cannot expect the realization of the obligor’s performance in light of the experience rules or transaction norms in social life;

(2) The defendant sold the above land to D after the conclusion of the above gift contract and completed the registration of transfer of ownership on the above land as seen earlier. In light of the above, it is reasonable to deem that the above gift contract was impossible to perform due to the reason attributable to the defendant. Thus, the defendant must compensate for the damages suffered by the plaintiff.

B. The scope of liability for damages is impossible to perform the gift contract.