(a) When the sales contract has become impossible in the course of sale of another person's right, and when the market price of the subject matter of sale which is the standard in compensation for damages by the bona fide buyer;

(b) The actual loss incurred due to special circumstances;

(1) When the sale of another person's right has become impossible, and when the sale contract is impossible, the seller in good faith determines the market price of the goods to be used as a standard for compensation for damages by the buyer in good faith.

(2) The actual occurrence of damages due to special circumstances

Article 569 of the Civil Act; Article 546 of the Civil Act; Article 393(2) of the Civil Act

Plaintiff

Korea

Seoul High Court Decision 72Na351 delivered on September 6, 1972

The part against the defendant in the original judgment shall be reversed, and that part shall be remanded to the Seoul High Court.

The grounds of appeal by the defendant ○○○○ is examined.

According to the judgment of the court below, the plaintiff filed a lawsuit against the non-party 1 on June 17, 1965 against the non-party 1 for sale and purchase at 64,760 won, which was not known to the defendant at the time, and purchased at 64,760 won in annual installments from the defendant's office of Chuncheon. The plaintiff acquired from the non-party 1 for sale and purchase at 1,439 on November 7, 1966, and cultivated 5,80 shares in the same dry field. On October 1967, the plaintiff had the duty to sell and purchase the above dry field to the non-party 1 for sale and purchase at 9,00 won, which was the non-party 1 for sale and purchase at 6,000 won, and the defendant had the duty to sell and purchase the above dry field to the non-party 1 for sale and purchase at 9,000 won, which was the non-party 1 for sale and purchase at 9,0000 won.

However, as in the case of sale of other persons' rights, if a lawsuit against the seller for performance of the procedure for preserving ownership or for registering cancellation of ownership transfer against other persons becomes final and conclusive, it shall be deemed that the seller's performance of the seller's ownership transfer to real estate for the purpose of sale was impossible. In this case, the seller's calculation of damages for the bona fide purchaser should, in principle, be determined based on the market price at the time when it becomes impossible to acquire and transfer the right which was the object of sale. However, the court below did not examine and determine the time when the ownership of this dry field could not be transferred and the market price at the time of sale, which was the object of sale, was the market price at the time of cancellation of the sale. Thus, the court below erred by misapprehending the legal principles as to damages for the sale of the above real estate at the time of sale or purchase, or failing to exhaust all necessary deliberations. In addition, according to the original judgment, the court below erred by misapprehending the legal principles as to the defendant's duty of removing the above real estate for sale and purchase, which was the first dry dry dry field.

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

Justices B-Bhan (Presiding Judge) and B-B-B-B-B-B-B-B-B-B-B-Jed