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(영문) 대구지방법원영덕지원 2015.06.23 2014가단1404
소유권이전등기
Text

1. The Defendant’s KRW 13,572,00 for the Plaintiff and KRW 5% per annum from May 10, 2012 to July 24, 2014.

Reasons

1. Facts of recognition;

A. A. Around December 8, 1995, the Plaintiff purchased 52,20,000,000 square meters in the ship (hereinafter “instant land”) connected each point of the attached Form 1, 2, 3, 4, 5, 6, and 1, among 230,00 square meters in Seoul Special Metropolitan City, Ulsan-gun D Special Metropolitan City (230,000 square meters) from C.

B. C died on February 29, 2012, and the Defendant, its inheritor, around May 10, 2012, completed the registration of ownership transfer on the instant land due to inheritance by consultation division on February 29, 2012.

C. On March 29, 2012, the Defendant sold D 230 square meters, including the instant land, to E and F, and completed the registration of ownership transfer on the said land around May 10, 2012.

The market price of the instant land around May 10, 2012 is KRW 13,572,00.

[Ground of recognition] Facts without dispute, Gap evidence No. 1 (a real estate sales contract, and according to the result of appraiser G's seal appraisal of the real estate sales contract and appraiser G's seal appraisal, the authenticity of the entire document is presumed to have been completed since the stamp image following the net C's name is recognized by the net C's seal), Gap's evidence Nos. 2 through 5 (including stamp numbers), the result of appraiser H's market price appraisal

2. According to the above facts of recognition, since the defendant succeeded to the land of this case from the deceased C, it is obligated to implement the procedure for the registration of ownership transfer of the land of this case against the plaintiff.

However, since the Defendant sold the instant land to E and F on May 10, 2012 and completed the registration of ownership transfer, the Defendant’s obligation to transfer ownership to the Plaintiff became impossible.

Therefore, the defendant is liable to compensate the plaintiff for the compensatory damages caused by the impossibility of performing the above obligation to transfer ownership.

Furthermore, in cases where the obligation to transfer the ownership of real estate becomes impossible with respect to the amount of compensation for transfer, the amount of compensation should, in principle, be based on the market price of the object at the time of impossibility of performance (see, e.g., Supreme Court Decision 94Da61359, 61366, Jun. 14, 196), and the defendant.

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