2. The costs of lawsuit shall be borne by the Plaintiff.

A. On August 20, 2010, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 325,000,000 for each real estate listed in the separate sheet (hereinafter “each of the instant lands”) (hereinafter “instant sales contract”).

B. The area on the registry of each of the instant lands is 19,039 square meters in total.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1 and 2 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is a “sale that designates a volume” under Article 574 of the Civil Act, which sets the sales price at a usual price of KRW 56,434,00 based on the number of plane entered in the registry. Since the actual surveying area of each of the instant land falls short of 2,709 square meters (819.47 square meters), the Defendant is obligated to return to the Plaintiff the amount of KRW 46,245,969 (=56,434 wonx 819.47 square meters) equivalent to the above shortage portion.

B. According to Article 574 of the Civil Code of the 1981, the "sale and purchase which designates quantity" refers to the case where the parties set the price based on the volume of the specific goods which are the object of sale and set the price in order to hold a certain quantity. Thus, even if the price per unit area was determined in accordance with the average number of the items recorded in the registry, and the price was determined by multiplying the unit area by the area recorded in the registry, the sale and purchase of the land can not be deemed as the "sale and sale which promptly designates the quantity." Since the designated division was evaluated by the parties as a whole and the calculation by the average number was only one standard, it is not a "sale which designates the quantity of the land" if it appears that it was a means to specify the land and determine the price between the parties.

Therefore, a specific land trading price.