1. The Defendant: (a) KRW 24,585,396 for the Plaintiff and KRW 6% per annum from October 3, 2015 to March 30, 2017.

1. Facts of recognition;

A. The Defendant is a company that newly built a 15th apartment complex “D” on the land of Jeonnam-gun, Chungcheongnam-gun.

B. On March 7, 2012, the Plaintiff agreed with the Defendant to reduce the sale price of the said D apartment 603 square meters (the exclusive use area of 83.8964 square meters under the sale contract, and 21.4075 square meters of public use area, hereinafter “instant apartment”). However, the Plaintiff and the Defendant agreed to reduce the sale price of KRW 130 million.

The sales contract of this case (hereinafter referred to as the "sale contract of this case") was concluded and the sales contract of this case was fully paid.

C. As to the instant apartment on May 17, 2012, the registration of ownership preservation was completed on May 17, 2012, and the registration of ownership transfer was completed on May 22, 2012. The actual exclusive area of the instant apartment is 59.964 square meters on the aggregate building ledger and on the register.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence, purport of whole pleadings

2. The parties' assertion

A. The plaintiff alleged that the plaintiff paid the purchase price to the defendant based on the exclusive area stated in the sales contract of this case, but the actual exclusive area of the apartment of this case is considerably smaller than that of the sales contract of this case.

Therefore, the defendant is liable to pay the plaintiff the amount of money based on each of the following grounds for the claim.

1) Since the Defendant performed incomplete performance as above, it is liable to compensate the Plaintiff for damages equivalent to the size of the insufficient area due to such incomplete performance. 2) Since the instant sales contract was designated by quantity, the Defendant obtained unjust profits equivalent to the sales price corresponding to the size of the insufficient area of the supply area agreed upon by the instant sales contract.

Therefore, the defendant is obligated to return the above unjust enrichment to the plaintiff.

3. The Defendant shall first conclude the instant sales contract with the Plaintiff.