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(영문) 청주지방법원 2015.07.15 2015가단102392

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 16, 2014, the Plaintiffs concluded a sales contract with the Defendant and the Defendant to purchase the real estate listed in the separate sheet (referred to as “each of the instant land” when referring to four parcels of land; hereinafter the same shall apply) from the Defendant and the Defendant, and to pay a sum of KRW 1.26 billion for the purchase (hereinafter “instant sales contract”).

B. On September 5, 2014, the Plaintiffs paid to the Defendant the down payment of KRW 125 million on the date of the contract, and the balance of KRW 1135 million on September 5, 2014, respectively. On September 4, 2014, the Plaintiffs completed the registration of ownership transfer on each of the instant lands.

C. The actual area of the instant land is 5,044 square meters, but the area entered in the public register and the area entered in the sales contract prepared at the time of the instant sales contract was 6,047 square meters.

After completing the registration of ownership transfer, the Plaintiffs discovered it in the course of survey.

Facts that there is no dispute over the grounds for recognition, Gap's 2 through 4, 6, 7, 9, 10 (including each number for those with a serial number), the purport of the whole pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the sales contract of this case is a sale that sets forth a sale price in belief that there exists an area stipulated in the contract on the basis of the usual value of the land and sets forth the sale price, and is designated by the quantity

Therefore, pursuant to Articles 574 and 572(3) of the Civil Act, the Defendant is obligated to compensate the Plaintiffs for the money stated in the claim as damages by dividing the purchase price of 1,003 square meters (303 square meters) equivalent to KRW 79,719,906 (30 square meters x 263,102 per square year), which is a size lower than the size at the time of concluding a sales contract.

One of the Defendant’s obligations under the instant sales contract is the obligation to transfer ownership of the instant two land, the area of which is 6,047 square meters, and the Defendant fulfilled the procedure for the registration of ownership transfer with respect to the land with a reduced area than the above area.