Liability to compensate for damages due to special circumstances in default of liability

Where the debtor becomes unable to perform his/her obligation to transfer ownership by selling real estate to another person, the ordinary damages shall be equivalent to the amount of the sale price (determined to the market price at the time), and the amount equivalent to the current market price of real estate shall be the amount of damages due to the special situation

Article 393 of the Civil Act

Korea

Defendant

Seoul High Court Decision 66Na2934 delivered on August 29, 1967, Seoul High Court Decision 66Na2934 delivered on August 29, 1967

The appeal is dismissed.

The litigation costs after the appeal shall be borne by the plaintiff.

The grounds of appeal by the plaintiff are examined.

According to the original judgment, the court below found that the above defendant sold the above site to the non-party principal's 95,00 won and completed the registration of ownership transfer to the non-party principal's 25th day of that month as well as the above defendant's so-called "non-performance" did not constitute a tort in relation to the plaintiff, and the ordinary damages due to non-performance of obligation was equivalent to the defendant's sale price (which is presumed to be the market price at the time of its purchase) and 267 square meters since August 15, 197, which the above union donated to the plaintiff, and decided directly to complete the registration of ownership transfer under the name of the plaintiff from the original defendant's name. However, the court below found that the defendant's assertion that the above site was 95,00 won in violation of the duty under the above entrustment and the above agreement, and that the above defendant did not have been able to have been able to accept the above legal reasoning as to the price at the time of sale of the real estate at the time of the plaintiff's claim.

Justices of the Supreme Court Na-Ba (Presiding Judge) and Do-dong Kimchi-baking Board