When damages are calculated due to impossibility of performing the sale of another person's rights;

It is justifiable that real estate sold in succession to “B” and registered for transfer, but the original owner claimed for registration of cancellation against “B”, “B” and calculated on the basis of the final date of the loss of “B” in the event of winning the registration of cancellation, it is reasonable that the amount of damage against “B” of “B” is calculated on the basis of the final date of the loss of “B”.

[Defendant-Appellee] Kim Chang-soo, Counsel for defendant-appellee

Red Sleep

Cheongju District Court Decision 74Na25 delivered on November 19, 1974

All appeals are dismissed.

The costs of appeal are assessed against each of the plaintiff and the defendant.

Judgment on the grounds of appeal by the Plaintiff’s Attorney

In a lawsuit claiming the cancellation of the ownership transfer registration against the seller, as in the case of sale of another person's right, if the original owner's loss becomes final and conclusive in the lawsuit claiming the cancellation of the ownership transfer registration against the seller, the seller's performance of the ownership transfer registration against the buyer in light of the social transaction concept shall be deemed to have reached an impossible condition. In this case, the seller's compensation for damages against the bona fide buyer shall, in principle, be determined on the basis of the market price at the time when it becomes impossible to acquire and transfer the right which became the objective of the sale (see Supreme Court Decision 72Da2207 delivered on March 13, 1973). In this case, the court below sold the property to the same head of the Dongsan, and the defendant again sold the real estate to the defendant, and the defendant again sold it to the plaintiff, and the defendant did not have any error of law by acquiring the ownership of the above real estate from the plaintiff on September 23, 1970 and the judgment against the plaintiff.

The Defendant’s grounds of appeal Nos. 1 and 2

In the lawsuit of demanding a cancellation of the ownership transfer registration against the seller of the original owner, where the registration of the seller becomes cancelled, the seller shall be liable to the buyer for damages due to the impossibility of the buyer’s performance of the sale of another person’s rights. This liability does not affect the provisions of Article 571 of the Civil Act, which was known to the seller at the time of the sale, that the seller does not belong to himself/herself. Accordingly, under different views, there is no reason to argue that the original judgment did not err in applying the Act in the original judgment, nor did the seller order the Defendant, who is the bona fide, to compensate for the damages arising from the vested property. Moreover, there is no error of mistake of the facts in the record.

Therefore, all appeals are dismissed. The costs of appeal are assessed against each losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Young-young (Presiding Justice)