In case where a part of the right which has become the object of sale belongs to another person and the seller is unable to transfer it to the buyer, the amount of damages which the seller is liable to compensate for to the buyer (=amount equivalent to the performance

If a part of a right which has become the object of sale and becomes unusable for the buyer by acquiring the right, the bona fide buyer may claim damages from the seller after asking the seller for the warranty liability. In this case, the amount of damages that the seller is liable to compensate for to the buyer is, in principle, equivalent to the market price of the right which becomes impossible to transfer to the buyer when the seller becomes unable to acquire a part of the right which has become the object of the sale and transfer, that is, the market price of the right which becomes the object of the sale and the amount equivalent to the performance profit

Article 572 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 15 others (Law No. 1975,8511, May 13, 1975) and 80Da117, March 11, 1980 (Gong1980,12712) (Gong1981, 14165)

[Defendant-Appellee] Plaintiff 1 et al.

Korea

Seoul High Court Decision 92Na16296 delivered on July 22, 1992

The part of the lower judgment against the Plaintiff regarding claim for the payment of money shall be reversed and remanded to the Seoul High Court.

The remaining grounds of appeal by the plaintiff are dismissed, and all costs of appeal by the appeal are assessed against the plaintiff.

1. We examine the Plaintiff’s attorney’s grounds of appeal.

(1) According to the reasoning of the judgment below, the court below held that the above 3th 4th 24th 4th 24th Babbb, Incheon, by its macro evidence, was the land substituted by the land readjustment project, and 35th 43th 4th 8th 4th 4th 6th 6th 7th 7th 7th 712 (hereinafter the above 3th 4th 4th 5th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 7th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 1987, which was not in conformity with the above facts that the plaintiff acquired the ownership transfer registration under the above name of the plaintiff's title.

(2) However, when a part of the right which was the object of sale belongs to another person and thus it becomes impossible for the seller to acquire such right and transfer it to the buyer, the bona fide buyer may claim damages from the seller after asking the seller for the warranty liability. In such a case, the amount of damages the seller is, in principle, equivalent to the market price of the right which becomes impossible when the seller becomes unable to acquire a part of the right which was the object of the sale and transfer to the buyer, i.e., the market price of the right which becomes the object of the sale, and thus,

According to the above facts acknowledged by the court below in this case, when the judgment in favor of the above non-party became final and conclusive in the lawsuit claiming cancellation of the registration of transfer of ownership against the plaintiff and the defendant Eul, the defendant cannot acquire 35/43 shares of the land of this case which was the object of the abnormal sale and transfer it to the plaintiff. Thus, the defendant is liable to compensate the plaintiff for the amount equivalent to the market price of the above shares at the time of the

Nevertheless, the court below erred by misapprehending the legal principles as to the scope of the seller's liability for warranty, which affected the conclusion of the judgment. Therefore, it is reasonable to discuss this point.

2. In examining the record, the Plaintiff did not present any grounds of appeal as to the part concerning the claim for ownership transfer registration against Bupyeong-dong 193-51 to 27 Hobbebbeon, Bupyeong-dong, Incheon, 193 among the part of the judgment below against the Plaintiff. Therefore, this part of the appeal is without merit.

3. Therefore, among the judgment below, the part against the plaintiff as to the claim for payment of money is reversed and remanded, and the remaining appeal by the plaintiff is dismissed. The costs of appeal regarding this part of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent