A. On September 22, 2015, the Plaintiff entered into a contract under which the Defendant purchases 1,388 square meters of C forest land (hereinafter “instant land”) from the Defendant (hereinafter “instant sales contract”) and agreed with the Defendant as follows: (a) the purchase price was KRW 200,000,000; and (b) the agreement was entered into with the Defendant as follows.

3.The present contract shall be concluded upon the completion of the change of the authorized person to the buyer by means of the civil engineering permission, the building report, or the sale of the parcel on which a construction report has been filed. If the permitted person is not changed, this contract shall be null and void

4. Where there is a difference between the public account area and the actual survey area, it shall be offset by up to 2%.

B. The Plaintiff paid KRW 200,000,000 to the Defendant according to the instant sales contract.

C. On September 25, 2015, the Plaintiff completed the registration of ownership transfer with respect to the instant land in the name of the Plaintiff, and on November 2, 2015, a cadastral survey was conducted for the registration conversion of the instant land, and the area was surveyed as 1,246 square meters.

On January 26, 2016, the instant land was subject to registration conversion into 1,246 square meters of D forest land in Sung-si on January 26, 2016, and the land category was changed into a factory site on September 30, 2016.

E. On September 6, 2016, the Plaintiff claimed the Defendant to refund the difference in the purchase price on the ground that the surveying area of the instant land is different.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2-1, witness E's testimony, purport of whole pleading

2. The assertion and judgment

A. The plaintiff asserts that since the actual surveying area has decreased compared to the area entered in the public register at the time of entering into the sales contract of the land of this case, the defendant is obligated to return the purchase price equivalent to the difference in area to the plaintiff in accordance with Paragraph

As to this, the defendant agreed on the premise that the special agreement of the sales contract of this case maintains the current status of the land of this case, and the surveying area of this case has decreased.