손해배상(기)
1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.
2. The costs of lawsuit shall be.
1. On December 22, 2017, the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”) entered into a sales contract with the Defendants on the part of Suwon-si, Suwon-si, which was owned by the Defendants (hereinafter “instant land”) with a total of KRW 3.5 billion (hereinafter “instant sales contract”). The fact that the Defendants paid the full payment of the purchase price to the Defendants around February 27, 2018 is no dispute between the parties concerned.
2. The plaintiffs' assertion and judgment
A. The gist of the Plaintiffs’ assertion is that the size on the registry of the instant land is 745 square meters or that on the registry of the instant land is 713 square meters, and the Plaintiffs, as seen above, paid the Defendants the amount of KRW 136,096,00 ( = 3,168,500,000 x 32/745,100 x 32/745,000 x 100 x 136,096,000 of the purchase price of the instant land, which falls short of 3,168,50,000 square meters of the actual area on the registry of the instant land.
Since the sale of the above land falls under the case where part of the sale object was already destroyed at the time of the contract, the Defendants, as the seller, are obligated to return the purchase price of KRW 136,096,00 to the Defendants as the warranty liability under Article 574 of the Civil Act.
B. As to whether the sale of land pursuant to the sales contract of this case constitutes a case where a part of the subject matter of sale is already destroyed at the time of the contract, the partial destruction of the subject matter under Article 574 of the Civil Act refers to a case where a part of the subject matter of sale does not physically exist. The real area of the land of this case is less than that on the register.
Even if there is no part from the beginning of this case, it is wrong to record it in the register, and the part of this case's land was destroyed.