1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. On October 27, 2016, the gist of the Plaintiff’s assertion as to the cause of the Plaintiff’s claim: (a) concluded a sales contract with the Defendant on the 1,190 square meters of Asan-si Forest Land (hereinafter “instant land”); (b) deemed the area of the instant land as 360 square meters (1,190 square meters) and calculated the sales price in total at KRW 126 million per square year; and (c) reduced the amount of KRW 12,4 million at the Defendant’s request; and (d) determined that the said sales contract constitutes the sale of the designated quantity.

However, since the actual area of the instant land is about 324 square meters (1,072 square meters), the Defendant is obligated to pay the amount equivalent to 1,260,000 won equivalent to the price of the 36 square meters part of the area insufficient to the Plaintiff pursuant to Articles 574 and 575(3) of the Civil Act (=36 square meters x 350,000 square meters) as damages.

2. Determination

A. The "sale and purchase" as stipulated in Article 574 of the Civil Code refers to a case where the parties set the price on the basis of the volume of the specific goods which are the object of the sale and purchase based on the proposal that the parties have a certain quantity. Thus, even if the objects of the sale and purchase of land are specified according to the ordinary number on the registry book, and the price was determined by multiplying the unit area by the area on the registry book, the sale and purchase of the land can not be said to be a "sale and purchase by designating the quantity" immediately on the sole basis of the fact that the parties determined the unit area by the method of multiplying the unit area by the area on the registry book. If the designated division was evaluated by the parties as a whole and the calculation by the usual number was only one standard, it is not a "sale and sale by designating the specific land between the parties." On the other hand, the purchaser's belief that there is a certain area is the largest factor in the price determination.