매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On March 26, 2016, the Plaintiff calculated the amount of KRW 1,00,000 per square year, without distinguishing between the Defendant and the forest, and purchased total of KRW 350,000,000 in the amount of KRW 562 square meters in Nam-gu, Nam-gu, Gwangju as well as KRW 562 square meters in a building, and KRW 595 square meters in a closed-gu, Gwangju as well as KRW 350,00,000 in total, each contract prepared at the time the purchase price of the said site was entered as KRW 170,00,000 in the said forest.
B. By May 11, 2016, the Defendant received each of the above sales proceeds from the Plaintiff and completed the registration procedure for transfer of ownership on the same day to the Plaintiff on the same day.
C. As a result of the survey on the registration conversion on July 25, 2016 in the Vice Governor of the Korea Land Information Corporation in Gwangju, the area of the said forest was surveyed with 344 square meters.
[Ground of recognition] The fact that there is no dispute, Gap 1-1 to 4, 7 to 8-2, the purport of the whole pleading
2. The assertion and judgment
A. Claim 1) The plaintiff and the defendant calculated the purchase price based on the size, and since the forest area was not 180 square meters but 104 square meters and the object of the sale to be designated by quantity is insufficient, the plaintiff and the defendant demanded the defendant to reduce the purchase price of KRW 180,000 in accordance with Articles 574 and 572(1) of the Civil Act, and claim the return of KRW 76,000,000 in the purchase price. 2) The plaintiff and the defendant did not determine the purchase price based on the quantity, but evaluated each of the above land as a whole and determined the purchase price without distinction.
B. If it is recognized that if the party to a sales contract had known in advance that the area differs from that on the premise that the area of the target land is the same as that on the public account book, the price is determined as the most important factor among the factors that determine the area, and if it had known in advance that the area differs from that on the public account book, the price would have been determined based on the actual average number.