In this case, a mistake on the boundary of land shall be deemed to be a mistake on the important part of the sales contract.

Although purchasing the land of 1,389 square meters, and completing the registration of ownership transfer, the part cultivated by another person is not delivered, and if it was known in advance as a result of the survey, it would be clear that the purpose of the sale would not be attained if it became known in advance. Therefore, an error on the boundary of the present status of the land is an error on the important part of the present sales contract.

Article 109 of the Civil Act

Plaintiff

Defendant

Seoul High Court Decision 66Na3052 delivered on August 22, 1967

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's grounds of appeal are examined.

Upon examining the decision of the court below, the plaintiff's introduction of the non-party 1 on January 1941, 1941, knew that it was farmland that can cultivate 1389 square meters in full from the defendant's agent, and believed that the part cultivated by another person is to be promptly handed over. The plaintiff purchased 110,000 won in price and paid 900 won in price plus 114,900 won in price as 4,000 won in price for the remainder payment due to the registration fee, and completed the registration of transfer of ownership. However, the part cultivated by another person is not delivered, and if the plaintiff knew of this fact in advance as a result of surveying the above land, it cannot reach the purpose of sale, and it cannot be seen that there was no error of law as to the present situation of the above land, and the plaintiff's expression of intent to cancel the sale contract is an important error as to the above part of the sale contract, and there is no error in the conclusion of the court below's judgment.

Therefore, the appeal is dismissed without merit. The costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Choi Ma-tae (Presiding Justice)