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1. The Defendant’s KRW 2,733,650,400 as well as 5% per annum from October 23, 2015 to October 5, 2016 to the Plaintiff.
Reasons
1. Indication of claim;
A. 1) On March 15, 2010, Defendant (the trade name before the change: C), Non-Party D Co., Ltd. (the trade name before the change: E Co., Ltd.), and F Co., Ltd. (the trade name before the change: G) purchased KRW 17,454.8m2 from Non-Party H for the purchase price of KRW 17,454.8m26m2 from Non-Party H for the purchase price. 2) On September 21, 2015, the Defendant merged D and F Co., Ltd.
B. On November 21, 201, the Plaintiff purchased 1,650 square meters of the above land (hereinafter “instant land”) from the Defendant for KRW 2.5 billion (hereinafter “the instant sales contract”), and the down payment of KRW 600 million on the date of the contract. From November 24, 2011 to December 29, 201, the Plaintiff paid the intermediate payment of KRW 220 million in total, and the intermediate payment of KRW 83 million in total between January 10, 201 and February 13, 2012.
On the other hand, the Plaintiff agreed to pay the balance with the Defendant and the remainder upon receiving project financing loans.
C. However, under the circumstance that the Defendant received the intermediate payment from the Plaintiff on October 22, 2014, sold the instant land to the Nonparty Co., Ltd., the Defendant completed the registration of ownership transfer for the said land to the said company on the same day.
Therefore, the sales contract of this case has become impossible, and the defendant has the obligation to compensate the plaintiff for the damages suffered by the plaintiff due to the impossibility of performing the above sales contract.
However, since the market price at the time of nonperformance of the above sales contract was KRW 4,330,650,400, the Defendant is liable for damages to the Plaintiff for the remainder of KRW 2,733,650,40 (=the market price at the time of impossibility of performance - KRW 4,330,650,400 at the time of performance - the remainder of KRW 1,597,00,000 that the Plaintiff did not pay to
2. Judgment by public notice based on recognition: Article 208 (3) 3 of the Civil Procedure Act.