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. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows, except for adding the following “2. Additional Judgment” to the part which is dismissed or deleted in the following 2.2, and the allegations added by the plaintiff in the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. The height of the judgment of the first instance shall be deleted from 7th to 17th tier.

The 9th judgment of the first instance court deleted from the 9th judgment’s 9th to 12th sentence. The 9th judgment of the first instance court’s 9th judgment’s 19th sentence’s 9th sentence’s 9th sentence’s 19th sentence’s 3th sentence’s 3th sentence and 4th sentence’s 10th sentence’s 3th sentence’s 3th sentence and 4th sentence’s 3th sentence’s 10th sentence.

3. Additional determination

A. The gist of the claim is that the Defendant violated Article 25 of the Enforcement Decree of the Tourism Promotion Act and Article 27 of the Enforcement Rule, which provide that the exclusive area and the jointly-owned area shall be divided in the notice of sale in lots and the public notice of invitation of members when preparing the contract of this case. As such, the “contract area”, which is the standard for returning the sale price pursuant to Article 7

In other words, the use area of the instant real estate is 122.8 square meters for the area of 108.3 square meters for the section for exclusive use, and the area error is 108.3 square meters for the area of 122.8 square meters (108.3 - 122.8) / 122.8 x 100% = 11.8%. Thus, the Defendant is obligated to return to the Plaintiff the sales price of 44,880,000 (=660,000,000 x 6.8%) equivalent to 6.8%, which is the part exceeding 5% pursuant to Article 1

B. According to the instant contract, the sale area of the instant real estate is indicated as 122.8 square meters and 11.49 square meters in the area to be used. Article 8 of the instant contract also focuses on the community center, tegrium, riding club, etc. as public property that can anticipate the sale area. Meanwhile, the “contract area” under Article 7(3) of the instant contract refers to the sale area under the contract.