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(영문) 대전지방법원 홍성지원 2018.04.11 2017가단8104
매매대금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 30, 2016, the Plaintiffs purchased from the Defendant a total of KRW 1,062,00,000,000,000,000, total of one parcel of land in Bosi-si F (hereinafter “the instant forest”).

(hereinafter “instant sales contract”). B.

At the time of the instant sales contract, the instant forest registration certificate entered the size of 5,950 square meters. However, under the premise that the unit price of the instant forest is KRW 5,90,000 per square meter, the Plaintiffs and the Defendant determined the entire purchase price of the instant forest as KRW 1,06,2 million (=590,000,000 x 1,800 square meters, and the Plaintiffs calculated one square meter as KRW 0.3025).

C. The Plaintiffs paid the full amount to the Defendant under the instant sales contract, and completed the registration of ownership transfer as to each portion of 1/4 of the instant forest land on January 20, 2017.

On August 16, 2017, Bocheon-si sent to the Plaintiffs an official document stating that the area of the instant forest is 5,587 square meters, and that there is a wrong registration of 5,950 square meters in the cadastral record, and that there is a need for correction of registered matters, and the said official document reached the Plaintiffs around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 9, the purport of the whole pleadings

2. The plaintiffs and the defendant set the sales price with a focus on the fact that the forest area of this case is 1,800 square meters at the time of entering into the sales contract of this case. Thus, the sales contract of this case constitutes the sale that designates quantity.

However, the area of the instant forest land is found to fall short of 109.8 square meters [(5,950 square meters - 5,587 square meters - 0.3025 square meters) x 0.3025 square meters, and less than the first decimal place] rather than the amount stipulated in the instant sales contract. Therefore, the price of the instant sales contract should be reduced to 64,782,00 won (i.e., 590 square meters x 109 square meters).

Therefore, the defendant should return to the plaintiffs the purchase price equivalent to 16,195,500 won (=64,782,000 won 】 1/4).

3. Articles 574 and 572 of the Civil Code of Korea.

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