손해배상(기)
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On September 8, 2010, the Plaintiffs entered into a contract with the Defendants to purchase G forest land of KRW 793 square meters (hereinafter “instant real estate”) at KRW 355 million in Gwangju-si (hereinafter “instant contract”).
B. After that, the Plaintiff filed an application for a cadastral status survey on the instant real estate around 2015, and during that process, it was confirmed that the actual area was 717 square meters, and the instant real estate was subject to registration conversion into HH forests and fields 717 square meters in Gwangju-si on July 7, 2015.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. The Defendants asserted that there is no interest in the lawsuit of this case because they can receive the conciliation payment from the competent cadastral authority. However, it cannot be said that there is no interest in the lawsuit of this case. Thus, the Defendants’ defense of this safety is without merit.
3. Determination on the price reduction claim due to shortage of quantity
A. The gist of the Plaintiffs’ assertion is a quantitative sale and purchase price calculated on the basis of the area. The instant real estate is not 793 square meters as indicated in the sales contract, but 717 square meters. Therefore, the Plaintiffs seek payment of KRW 34,022,698, which is the sales price corresponding to 76 square meters which are insufficient to the Defendants (=35,000,000 square meters x 76 square meters x 793 square meters) and damages for delay.
B. As stated in Article 574 of the Civil Code, “the sale and purchase to which quantity was designated” refers to the case where the parties set the price based on the volume of the specific goods that are the object of the sale and purchase, as well as the case where the parties set the price based on the quantity. As such, even if the object was specified in accordance with the horizontal number on the registry, in the sale and purchase of land, the designated division was assessed as a whole by the parties, and it was a measure to determine the price and specify the subject land between the parties.