손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 7, 2004, the Plaintiff entered into a contract with the Defendant for purchasing KRW 145,000,000 for the forest land in Busan, the Defendant-owned, Busan, (hereinafter “instant forest land”) (hereinafter “instant sales contract”) and paid the full purchase price by August 27, 2004, and completed the registration of ownership transfer on January 4, 201.
B. Although the area is indicated as 3,273 square meters in the registry of the instant forest, the captain around December 3, 2015 notified the Plaintiff that an error was found in the area on the registry of the instant forest in the course of conducting a divisional survey pursuant to the Road Construction Act, and that the actual area of the instant forest is 2,456 square meters, and that the actual area of the instant forest is 2,456 square meters.
[Grounds for recognition] The entry of Gap evidence Nos. 1 through 3, the fact-finding response results to the captain of this court, the purport of the whole pleadings
2. The Plaintiff asserted that the Plaintiff trusted the copy of the register of the instant forest land, and determined the purchase price on the premise that the Defendant and the instant forest area constituted 3,273 square meters.
However, since the actual area of the instant forest is confirmed to be smaller than 817 square meters, unlike the entry in the certified copy of the register at the time of the sales contract, the Defendant is obligated to pay the Plaintiff KRW 36,194,62, which is the purchase price equivalent to 817 square meters, which is reduced due to warranty liability or unjust enrichment.
3. Determination
A. The "sale and purchase" under Article 574 of the Civil Code refers to the case where the parties set the price on the basis of the volume of the specific goods which are the object of the sale and set the price on the basis of the specific goods. Thus, even if the objects of sale and purchase of land are specified according to the ordinary number on the public register and the price per unit area was determined by the method of multiplying the unit area by the area on the public register.