부당이득금
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
On October 15, 2014, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant stating, “The purchase price of KRW 922,00,000,000 (land: KRW 79,105,000, KRW 1222,895,000, KRW 00, KRW 1222,895,000, KRW 00, KRW 1295,000, KRW 122,895,000, KRW 00, KRW 122,895,00, KRW 00, KRW 1295,00, KRW 122,00, and KRW 34,00, and KRW 34,00, and KRW 8,000, in total, the Plaintiff paid the purchase price.”
At the time of the instant sales contract, the total area on the registry of each of the instant lands is 1,270 square meters, and the total area of each of the instant buildings is 497 square meters.
After removing each of the instant buildings on March 24, 2015, the Plaintiff conducted a survey of each of the instant land on and around March 24, 2015, and confirmed the fact that the actual area of the said C land is not 367 square meters, but 317 square meters. The said C land was merged with the said B land, which was corrected to the area of 317 square meters on the register as of March 27, 2015.
【In the absence of dispute, the Plaintiff and the Defendant agreed to pay KRW 928,112 per square meter according to the area indicated in the registry when entering into the instant sales contract, as the Plaintiff and the Defendant entered into the instant sales contract with each of the items indicated in Gap’s subparagraphs 1 through 5 and Eul’s evidence Nos. 1 through 2 (including a branch number) and the purport of the entire pleadings. Since the area of land in each of the instant land is less than 50 square meters, the Plaintiff actually conducted a survey on the land in the instant case, the area of which is less than 46,405,60 won in proportion to the said shortage portion (=928,112 x 50 square meters).
However, the issue is whether the sales contract of this case constitutes a "sale designated by quantity" as stipulated in Article 574 of the Civil Code, and this is examined.
The term “sale and purchase designated by quantity” as stipulated in Article 574 of the Civil Act means a specified quantity, which is the object of the sale by the parties.