대금 감액등
1. The plaintiff's primary defendant and the conjunctive defendant are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
1. Basic facts are: (a) Defendant B completed the registration of ownership transfer on September 14, 2002 with respect to Csan 3,769 square meters; and (b) thereafter, on August 10, 2004, the said real estate was subject to registration conversion with forest land of 3,769 square meters in Sungsi-si D (hereinafter “instant land”); and (c) on the same day, the instant land was divided into E and F, and its area was registered with 3,266 square meters in the land cadastre and the register of real estate register, even though its area was reduced to 3,028 square meters.
The above registration conversion was enforced on April 13, 2004 on the basis of the results of the survey conducted by the defendant Korea Cadastral Survey Corporation at the request of defendant Sungsung-si.
The Plaintiff was awarded a successful bid in the Suwon District Court G Voluntary Auction case (hereinafter “instant auction”) and completed the registration of ownership transfer on June 12, 2009.
Since then, the defendant Seosung-si found that there was a error in the area entered in the register in the course of the investigation and survey on the land of this case, and notified the plaintiff on April 22, 2014.
[Ground of recognition] Facts without dispute, Gap 1 through 4, Eul 1, Eul 1 to 12, Eul 1 to 12, the purport of the whole pleadings
2. The Plaintiff’s assertion is the primary and conjunctively asserted as follows, and the Plaintiff seeks to reduce the price or compensate for damages equivalent to the area reduced due to the difference in the area of the instant land.
Since the plaintiff was awarded a successful bid through a voluntary auction on the land of this case, it constitutes a sale that designates a quantity.
In the process of the registration conversion, the Defendant Seosung entered the land area in the public register by negligence in the process of the registration conversion in excess of the actual area. The registered area of the land in this case was recorded differently from the actual area shall be deemed to fall short of the object of sale.
As a result, the Plaintiff suffered damages of KRW 4,284,00 (180,000 x 238 m2,000) equivalent to the value of 238 m2 (72 m2) deficient area.
Therefore, the Plaintiff is the seller of the instant land, according to the primary claim.