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(영문) 수원지방법원여주지원 2014.06.18 2012가단3649
손해배상(기) 등

1. Defendant B Co., Ltd.: KRW 60,00,000 and 5% per annum from December 3, 2010 to May 12, 2012 to the Plaintiff.


1. Basic facts

A. Defendant B, as the executor of the Gyeonggi-gu D Apartment, completed the registration of ownership preservation on the above apartment on February 16, 2007, and began to sell the above apartment from May 2007.

B. On October 15, 2008, the Plaintiff concluded a sales contract with Defendant B to purchase the apartment 102 Dong 308 (hereinafter “the apartment of this case”) as KRW 60 million (the agreement that the sales price shall be deducted from KRW 56 million, which the Plaintiff shall acquire at KRW 126 million (the agreement that the sales price shall be deducted from KRW 126 million). The sales contract of this case was agreed that the above sales price was paid to the Plaintiff as a loan claim against the Defendant B, and the Defendant B issued a receipt for KRW 60 million to the Plaintiff.

C. After the conclusion of the instant sales contract, Defendant B failed to implement the procedure for the ownership transfer registration of the instant apartment after the conclusion of the instant sales contract, Defendant B rendered a voluntary decision to commence the auction on November 26, 2009 with respect to the instant apartment, and the instant apartment was awarded a successful bid to the third party in the said auction procedure, and the ownership was transferred to the successful bidder on December 3, 2010.

On the other hand, on May 2, 2008, Defendant B completed each provisional registration stated in the purport of the claim on the ground of the instant purchase/sale reservation regarding the instant real estate to Defendant C, and the Defendant completed each registration of ownership transfer on January 22, 2010 based on the above provisional registration.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. Since Defendant B’s obligation to transfer ownership under the instant sales contract was impossible due to Defendant B’s fault, Defendant B is liable to compensate the Plaintiff for damages.

The plaintiff.