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1. The Defendants shall pay to each Plaintiff KRW 53,357,531 as well as 15% per annum from January 16, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On August 16, 2012, the Plaintiff entered into a sales contract with the Defendants on a fixed price of KRW 1.575 million for the purchase and sale of KRW 1.575 million (hereinafter “instant sales contract”).
B. At the time of the instant sales contract, the Plaintiff and the Defendants agreed that “if there is an increase or decrease in the area after registration conversion, it shall be settled.”
C. After that, the Plaintiff filed an application for cadastral adjustment of the said land with Pyeongtaek-si, and Pyeongtaek-si notified the Plaintiff of its result on September 16, 2013, and the said land became subject to registration conversion with Pyeongtaek-si J, and the said land was reduced from 4,959 square meters to 4,79 square meters.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]
2. Determination
A. (1) According to the above facts, inasmuch as the Plaintiff and the Defendants agreed to settle the case where there is an increase or decrease in the area after registration conversion, the Defendants shall settle with the Plaintiff as to the decrease in the area of this case (= 4,959 square meters - 4,791 square meters).
(2) Furthermore, as to the settlement amount, based on the size of 4,959 square meters at the time of the instant sales contract, KRW 1.57,50 million was determined as to the sales amount, it is apparent that the settlement amount for the reduced portion would be 53,357,531 won (i.e., KRW 1.575 million x 168/4,959, and fewer than KRW 168/4,959).
B. As to the Defendants’ assertion, the Defendants asserted that the decrease in the area of this case is within the permissible error range at the time of registration conversion, and thus, they cannot respond to the Plaintiff’s claim. However, as seen earlier, inasmuch as the Plaintiff and the Defendants agreed to settle the case where there is an increase or decrease in the area after the registration conversion, the Defendants are obliged to pay the settlement obligation regardless of whether the decrease in the area of this case within the permissible range of error at the time of registration conversion. Therefore, the Defendants
(2) The Defendants re-claim the Plaintiff.