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Reasons
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(영문) 창원지방법원 2017.06.01 2016가단3846
손해배상(기)
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1. The Defendant shall pay to the Plaintiff KRW 32,00,000 and the interest rate of KRW 15% per annum from April 15, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 16, 2004, the Defendant sold 140 square meters among the 1,027 square meters in Kimhae-si, Kim Jong-si (hereinafter “instant real estate”) owned by the Defendant to the Plaintiff at KRW 32 million, but the Defendant entered into a sales contract to pay the remainder of KRW 27 million to the Plaintiff on the date of the contract, and the remainder of KRW 5 million to the Plaintiff on February 18, 2004 (hereinafter “instant sales contract”).

According to the above sales contract, the defendant paid to the plaintiff KRW 5 million on February 16, 2004, and KRW 27 million on February 18, 2004, respectively.

B. On May 9, 2008, the Defendant completed the registration of ownership transfer for the instant real estate to C on the grounds of sale.

[Ground of recognition] Evidence Nos. 1 (A), evidence Nos. 1 (a witness D, E's testimony and appraiser F's appraisal result, the authenticity of the above document is recognized as a result of a fact-finding with respect to the chief of the International Law Research and Assessment Institute of Evidence Nos. 2 through 6 (including each number), witness D, E's testimony, and the purport of the whole pleadings

2. According to the above facts of determination, the transfer of ownership of 140 square meters among the instant real estate pursuant to the instant sales contract became impossible due to the Defendant’s nonperformance of obligation, and the fact that the copy of the instant complaint stating the Plaintiff’s declaration of intent to rescind the instant sales contract was delivered to the Defendant is apparent. Thus, the instant sales contract was lawfully rescinded.

Therefore, the Defendant is obligated to pay to the Plaintiff 32 million won with compensation for damages due to the Defendant’s nonperformance and the damages for delay calculated at the rate of 15% per annum from April 15, 2016 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

3. Conclusion, we decide to accept the Plaintiff’s claim of this case on the grounds of its reasoning.

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