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

Purport of claim and appeal

1..

A. In addition to the purport of the entire pleadings in the written evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff entered into a sales contract with the Defendant on December 21, 201 to sell KRW 191.37 square meters out of KRW 757 square meters prior to C in Nam-si, Namyang-si (hereinafter “instant sales contract”) with the Defendant for KRW 150,000,000 (hereinafter “instant sales contract”), and the Defendant paid the down payment of KRW 30,000 and the intermediate payment of KRW 30,000 pursuant to the instant sales contract, and thereafter did not pay the remainder of KRW 90,000,000.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder amounting to KRW 90,000,000 according to the instant sales contract and damages for delay.

B. As to the Defendant’s defense, the Defendant: (a) sold the land subject to the instant sales contract by calculating KRW 2,500,000 per square meter; (b) the area of the land subject to the sale is limited to 111 square meters, not exceeding 191.37 square meters as a result of the survey; and (c) the Defendant did not purchase the land if he knew that the area of the land subject to the sale falls short of the area stipulated in the contract; (d) thus, the instant sales contract should be revoked; and even if the instant sales contract cannot be revoked, he/she must settle the insufficient area.

The term "sale and purchase" stipulated in Article 574 of the Civil Code refers to a case where the parties set the price based on the volume of the specific goods, which is the object of sale, by setting up a proposal to the effect that the specific goods have a certain quantity, which is the object of the sale. Therefore, even if the sale and purchase of land determined the price by specifying the area of the object and multiplying the unit area by the area recorded in the per unit area by the area recorded in the per unit area, it cannot be said that the sale and purchase of the land is a sale by designating the quantity immediately.