손해배상(기)
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
1. On January 3, 2011, the Plaintiff entered into a real estate sales contract with the Defendant to purchase KRW 1924 square meters (hereinafter “instant land”) prior to the Gu-U.S. Si, Gu-si (hereinafter “the Defendant”) owned by the Defendant, and paid the purchase price in full, and the fact that the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on January 10, 201 as to the instant land is no dispute between the parties.
2. Determination as to the cause of action
A. The Plaintiff alleged that the actual area of the instant land was 582 square meters (1924 square meters) registered in the registry, and the Plaintiff purchased 74 million won (74,04,810 won (=583.03 square meters x 127,000 won per square meter) less 44,810 won) that negotiated on the basis of the land value per square meter, as the sales price was determined and purchased. The instant sales contract constitutes a sale of designated quantity. As a result of a survey conducted for a compensation relationship with the construction of roads at the end of April 2014, it was found that the area was 30.7 square meters (100 square meters) less than that registered in the registry, and the Defendant did not have an obligation to refund the said insufficient area to the Plaintiff, even if having knowledge of the fact that the area was 12,714,700,000 won (i.e., 700,000 square meters) to the Plaintiff, the Defendant did not have an obligation to pay damages to the Plaintiff.
B. As to whether the instant sales contract was a sale or purchase with a quantity designated, the “sale or purchase with a quantity designated” under Article 574 of the Civil Act refers to the case where the parties set the price on the basis of the quantity, with a proposal to the effect that a specific substance, which is the object of the sale, has a certain quantity.