1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. Defendant B, as the executor of the Gyeonggi-gu D apartment (hereinafter “D apartment”), completed the registration of preservation of ownership of the above apartment on February 16, 2007, and began to sell the above apartment since May 2007.

B. On October 15, 2008, the Plaintiff entered into a sales contract with Defendant B to purchase D Apartment 102, 308 (hereinafter “instant apartment”) KRW 60 million (the agreement that the sales price shall be KRW 56 million after deducting additional KRW 10 million from the secured debt of senior collateral security that the Plaintiff would acquire at KRW 126 million). The said sales contract was agreed that the Plaintiff’s loan claim against Defendant B was paid, and Defendant B issued a receipt to the Plaintiff for KRW 60 million.

C. After the conclusion of the instant sales contract, Defendant B failed to implement the procedure for the ownership transfer registration of the instant apartment after the conclusion of the instant sales contract, Defendant B rendered a voluntary decision to commence the auction on November 26, 2009 with respect to the instant apartment, and the instant apartment was awarded a successful bid to the third party in the said auction procedure, and the ownership was transferred to the successful bidder on December 3, 2010.

On the other hand, on May 2, 2008, Defendant B completed each provisional registration on the purport of the claim on the ground of the instant purchase/sale reservation with respect to the instant real estate to Defendant C, and Defendant C completed each registration of transfer of ownership as stated in the purport of claim on January 22, 2010 based on the said provisional registration.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant B’s claim for damages due to the impossibility of performing the instant sales contract: Defendant B’s obligation to transfer ownership under the instant sales contract is attributable to the Defendant B.