사해행위취소
1. The plaintiff's appeal is all dismissed.
2. Paragraph 1 of the annexed list of the Plaintiff added by this Court.
. If it is acknowledged that the price would have been determined on the basis of the actual average number if it had known in advance that the area differs from the indication on the public account book, among the various factors to determine the price, the sale constitutes "the sale to which the quantity was designated," and the sales contract did not state the average price in the sales contract.
It is not different even if it is not different.
(2) On April 10, 2001, 201, 200, 200, 200, 200, 200, 312m2,000,000,000,000 won of the purchase price of this case already paid to Defendant C, taking into account the following circumstances, the fact that according to appraiser H’s appraisal, it is recognized that the market price of the land of this case is 4,343,00,000 (1m2,000 per 1m2,000 per 1m2,000) and the actual area of the land of this case (2m2,00,000,000 per 1m2,000) is less than 125m2,00,000,000,000,000 per 2,000,000 per 1m2,000,000.
A. As seen earlier, the Plaintiff, at the time of the instant sales contract, was aware that the boundary line of 273 square meters in Jeondo-gun, Jeondo-gun, Jeonnam-do-gun, the neighboring land, is neighboring to a fence located between the land No. 1 and 2 in the present case, and that the site area of the instant housing, the purpose of which was the instant sales contract, was the same as that in the public record area
In addition, on the same premise, Defendant C explicitly indicated the “125 square meters of the site area” in the house sale certificate of this case.
B. Generally, in calculating the purchase price when concluding a land sales contract, it is considered as the most important factor in calculating the purchase price.