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1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.
2. Demanding and expanding the costs of appeal.
Reasons
1. Facts of recognition;
A. On April 27, 2001, in the female city, which was owned by B on April 27, 2001, seized 810/4,992 shares of C forest land 4,992 square meters (hereinafter “instant co-ownership shares”) and completed the attachment entry registration on May 7, 2001.
B. The defendant purchased the share of this case from B on December 1, 2005 and completed the registration of ownership transfer on December 29, 2005.
C. On December 22, 2009, the Plaintiff entered into a land purchase contract with the Defendant to purchase the instant co-ownership shares at KRW 22,984,330 (hereinafter “instant purchase contract”) on December 24, 2009, and completed the registration of transfer of ownership on December 24, 2009 for the instant co-ownership based on a consultation on public land acquisition.
On March 6, 2015, the Plaintiff paid the total of 4,872,690 won in arrears of local taxes, etc., in subrogation of B at the time of leisure, and cancelled the registration of the seizure entry of the instant co-ownership shares.
【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 6, Eul evidence 1, the purport of the whole pleadings
2. The allegations and judgment of the parties
A. 1) The summary of the Plaintiff’s claim is as to whether the Plaintiff is liable for damages due to nonperformance of obligation. The Defendant bears the Plaintiff’s obligation to complete the registration of ownership transfer without any limitation or burden by cancelling the registration of seizure entry in the case of leisure and acquisition with respect to the instant co-ownership share.
However, the Defendant did not perform the obligation to complete the registration of ownership transfer according to the instant sales contract to the Plaintiff. Accordingly, the Plaintiff paid the delinquent local tax amount of KRW 4,872,690 at the time of leisure and revoked the registration of attachment entry as to the instant co-ownership shares.
Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 4,872,690 due to nonperformance under the instant sales contract and damages for delay.
(b).