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(영문) 서울중앙지방법원 2017.11.24 2017가단5065032

매매대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 20, 2016, the Plaintiff purchased from the Defendant B, Yeongdeungpo-gu Seoul Metropolitan Government, B, 472.1 square meters (hereinafter “instant real estate”) and the second floor reinforced concrete roof shops and housing 469.09 square meters on the ground thereof in the purchase price of KRW 4 billion.

(hereinafter “instant sales contract”). B.

On November 14, 2016, the Plaintiff completed the registration of ownership transfer on the instant real estate, and removed the two-story reinforced concrete roof shops and housing 469.09 square meters on that ground.

C. Around December 2016, the Plaintiff conducted a topographical status survey on the instant real estate, and the measured area was 440.284 square meters.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff alleged that the Plaintiff would remove the instant real estate and the instant building and newly construct and sell a complex building on the instant real estate surface in the course of the sale and purchase of the instant real estate and the instant real estate. In light of the foregoing, the Defendant also demanded and entered into a sales contract for an additional amount of KRW 100 million in total, calculated by KRW 28 billion per square meter, and KRW 4 billion in the area of the instant real estate and KRW 100 million in the tenants of the existing building. However, as a result of the topographical status survey on the instant real estate, the instant real estate was found to fall short of KRW 31.816 square meters in the area of the contract. (2) As a result of the topographical status survey on the instant real estate, the Plaintiff claimed a reduction of the purchase price under Articles 574 and 572(1) of the Civil Act, according to the warranty liability, the Defendant shall return approximately KRW 2692 million [Article 9.64 square meter (31.81.6 square meter) x KRW 28 million].

B. The "trade which designates the quantity" under Article 574 of the Civil Code provides that the parties have a specific quantity, which is the subject of the sale, and the price shall also be based on the quantity.