1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On October 11, 2017, the Plaintiff entered into a contract with the Defendant to purchase C forest land owned by the Defendant (hereinafter “instant land”) at KRW 234,50,000 (hereinafter “instant sales contract”) and paid the purchase price, and completed the registration of ownership transfer on November 3, 2017 with respect to the instant land.

B. The area of the instant land on the real estate register was indicated as 22136 square meters, and the instant sales contract also stated that the area of the instant land was 22136 square meters in the indication column of real estate.

이 사건 매매계약 당시 원고와 피고는 이 사건 토지의 면적을 6700평{≒(22136÷3.3)}, 평당 35,000원으로 계산하여 매매대금을 산정하였다.

C. However, as a result of the Plaintiff’s request for surveying the instant land to the Korea Land Information Corporation, the area of the instant land was determined to be not less than 22136 square meters, which is the area adjacent to the real estate registration, but not more than 18307 square meters, and accordingly, the area on the registry was corrected accordingly.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 6, the purport of whole pleadings

2. The parties' assertion

A. At the time of the instant sales contract, the Plaintiff asserted that the Defendant purchased the instant land at KRW 32,00 per square day, and thus, should be KRW 35,000 per square day, and calculated the instant sales price by multiplying the size of the instant land at KRW 6700 per square day by KRW 35,000. Since the instant land was in an irregular shape as shown in the attached Form, the Plaintiff could not anticipate the size of the instant land. As such, it is deemed that the instant land was a sale designated by quantity, and thus, the Plaintiff filed a claim for reduction of the price due to shortage in the quantity of the instant land pursuant to Articles 574 and 572 of the Civil Act.

The defendant is obligated to pay to the plaintiff 40,530,000 won (per 1,158 square meters x 35,000 won per square day) and damages for delay.

B. At the time of the instant sales contract by the Defendant, it would be reasonable.