매매대금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 24, 2014, the Plaintiff purchased from Defendant B the amount of KRW 550 million for the purchase price of KRW 3031 square meters (hereinafter “instant land”).
(hereinafter “instant sales contract”). At the time of the instant sales contract, the Plaintiff paid Defendant B the remainder KRW 100 million, and KRW 450 million on October 16, 2014.
B. On October 23, 2014, Defendant B completed the registration of ownership transfer under the Plaintiff’s name, which was based on the sale as of September 24, 2014, as the receipt of machines, such as the Daegu District Court’s Youngd District Court’s Youngd Branch Branch Branch, etc. (10438).
C. On December 8, 2016, Defendant Young-gun sent a letter to the Plaintiff stating that “The instant land was registered by mistake in the area at the time of cadastral surveying and cadastral division.” The Defendant Young-gun sent to the Plaintiff a letter to the effect that “The instant land was registered by mistake in the area at the time of cadastral surveying.” The land owner may apply for the correction of the registered matters.
On December 22, 2016, the Plaintiff applied for the disclosure of information on the actual area of the instant land to Defendant Young-gun.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1, 4, 5, and 7 (including branch numbers, if any) and the purport of the whole pleadings
2. The key point of the Plaintiff’s assertion was, when concluding the instant sales contract, on the premise that the area of the instant land is 30,031 square meters, the sales amount was calculated as KRW 550,000,000.
However, since the actual area of the instant land is 2,718 square meters, Defendant B, a seller, is obligated to return to the Plaintiff the amount calculated by multiplying the insufficient area by 181,458 won per 1 square meter in the instant sales contract (i.e., 550,000,000 ± 3,031 square meters, and less than KRW 3,031 square meters; hereinafter the same shall apply). Defendant B, a seller, is obligated to return the amount (i.e., 181,458 x 313 square meters) by the insufficient area. Defendant B did not accurately confirm the area of the instant land and sell the instant land, thereby failing to pay the purchase price if the Plaintiff calculated the purchase price with knowledge of the actual area of the instant land.