손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 10, 2014, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant as the total purchase price of KRW 770 million.
(hereinafter “this case’s sale”). On December 23, 2014, the Defendant received full payment from the Plaintiff and completed the registration of ownership transfer concerning each of the instant real estate in the future of the Plaintiff.
B. After that, in the course of a boundary surveying on each of the instant real estate, the Plaintiff became aware of the fact that the area on the public record is not less than 3,669 square meters or the actual area is less than 2,940 square meters, and that the area on the public record in paragraph (2) is less than 793 square meters or the actual area is less than 97 square meters as 696 square meters.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1 to 4, 3 of the evidence of No. 2, the purport of the whole pleadings
2. The assertion and judgment
A. Plaintiff 1) The total area of each real estate of this case is approximately KRW 1560 square meters ( KRW 369 square meters 79 square meters 79 square meters). The Plaintiff and the Defendant determined KRW 770 million as the final purchase price after deducting KRW 10 million calculated on an annual basis of KRW 500,000 from KRW 780,000,000. In other words, the sale of this case constitutes a quantity-designated sale that is determined on the basis of the objective figures by identifying the area of the land as the most important factor in the determination of the price and determining the price based on the objective figures. The actual area of each real estate of this case falls short of approximately KRW 250 square meters (729 square meters) compared to the area on the public register on the basis of the determination of the purchase price. The Defendant concluded the sales contract of this case with the Plaintiff with knowledge that the area of each real estate of this case is insufficient to have approximately KRW 20% compared to the area on the public register.
3) Therefore, the Defendant’s liability for warranty or tort liability is 123,397,250 won (250 square meters x 70 million x 70 million / 1,560 square meters) and the amount equivalent to the purchase price for the area of land insufficient to the Plaintiff.