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As to the Plaintiff KRW 139,00,000 and KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 139,00,000 from November 8, 2018.
Reasons
In full view of the purport of the argument in the statement No. 1 and No. 2 of the claim for damages, it is recognized that the defendant ordered C to build a new apartment house on the ground of land D in the following cities: the plaintiff contracted for the construction of a new apartment house on the ground of the land D in the following cities; the plaintiff contracted for the construction work; the plaintiff did not receive the construction cost from the contractor; and the defendant agreed to sell one household out of the apartment houses to be newly built in lieu
Therefore, according to the above payment agreement, the defendant is obligated to transfer ownership to one household of the above tenement house to the plaintiff pursuant to the above payment agreement.
However, in full view of the written evidence No. 2 and the purport of the entire argument, it is reasonable to view that the Defendant’s obligation to transfer ownership registration exists in the status of nonperformance, since the registration of ownership preservation for each newly built apartment house was completed in the name of E and the ownership was transferred to each other.
Therefore, the defendant is liable to compensate the plaintiff for damages caused by the impossibility of performance.
In addition, comprehensively taking account of the overall purport of the pleadings as to the statement No. 3, as a whole, the market price of one household among the above apartment houses at the time of impossibility of performance (see, e.g., Supreme Court Decision 2005Da29474, Sept. 15, 2005) is 139,000,000, out of the above apartment houses, and as for the damages of KRW 100,000,000 from November 8, 2018, after the delivery date of a copy of the complaint of this case, with respect to KRW 39,00,000,000, which is from September 6, 2019 to September 10, 2020, which is the day after the delivery date of a copy of the application for change of the purport of the claim of this case and the cause of the claim of this case, the Defendant is obligated to pay damages for delay by 12% per annum from the next day to the day of repayment.
The claim for the payment of damages caused by nonperformance shall be a claim for which the due date is not specified.