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(영문) 의정부지방법원 2020.01.21 2019나210384

대금감액청구

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 27, 2017, the Defendant entered into a sales contract with the Plaintiff (hereinafter “instant sales contract”) between the Plaintiff and the Plaintiff, which sells 1,388 square meters of land for C in Yangju-si, D forest and 291 square meters of land, and 54 square meters of a single-story factory, 261 square meters of a single-story factory, 64 square meters of a single-story warehouse, 118.20 square meters of a single-story warehouse (hereinafter “instant building”).

B. On October 31, 2017, the Plaintiff paid the full amount of the purchase price under the above sales contract, and completed the registration of ownership transfer with respect to the said two parcels of land and the instant building subject to the said sales contract.

C. On December 28, 2018, the Yangju Mayor notified the Plaintiff that “A registration was made on September 29, 1980 with respect to the factory site in Yangju-si as a land subject to correction of the area from 1,388 square meters to 1,338 square meters due to an error in the registration of the land cadastre area at the time of registration conversion on September 29, 1980,” and on December 5, 2018, registration was completed to correct the area of the factory site in Yangju-si with 1,38 square meters in the title section of the registry as to the factory site in Yangju-si.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1-4, Gap evidence Nos. 2, 4, and 7, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff’s assertion was planned to remove the existing building on the ground after the Plaintiff purchased the land at the time of entering into the instant sales contract, and thus, the sales price was determined, except for the buildings, and the total area of 509 square meters (1,679 square meters) multiplied by KRW 1,850,000 per square meter, and KRW 941,650,000,000 was reduced to KRW 1,850,000 per square meter.

After that, the Plaintiff removed the instant building. On November 28, 2018, as a result of the cadastral survey conducted on November 28, 2018, it was found that the area of 1,388 square meters for factory sites was 1,338 square meters in Yangju, and thus, the Defendant is obligated to pay the Plaintiff the amount of KRW 27,972,00 and delay damages equivalent to the purchase price of 50 square meters in size, which is the difference in the above area, in accordance with Article 5

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