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Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
1. The reasons why the court should explain this part of the basic facts are set forth in Section 1. A of the reasoning of the judgment of the first instance, with the exception of the following parts.
Since the part mentioned in paragraph is identical to that mentioned in the main sentence of Article 420 of the Civil Procedure Act, it is quoted as it is.
In the second part of the judgment of the first instance, the “29,000 square meters” in line 9 is regarded as “29,602 square meters.”
2. Determination on this safety defense
A. The Defendant’s assertion is the sale and purchase of the instant sales contract designating the quantity, and the Plaintiff filed the instant lawsuit that ought to take place around February 2019, when one year elapsed since the Plaintiff knew that some of the instant trees fall short of the quantity of trees around August 29, 2017. As such, the instant lawsuit is unlawful as it was filed with the lapse of the period for exercising rights stipulated in Article 573 of the Civil Act.
The term “sale by which quantity is designated” as stipulated in Article 574 of the Civil Act refers to a case where the price is set based on the quantity with a proposal that the party has a certain quantity of specified goods which are the object of the sale. Thus, even in a case where the object of the sale of land is specified in accordance with the ordinary number on the registry, the party has assessed it as a whole even if the object was specified in accordance with the ordinary number on the registry, and it was merely a single standard, so it cannot be said that it was a measure to specify the land between the parties and to determine the price thereof.
(1) According to the sales contract of this case, the Plaintiff and the Defendant determined the type and quantity of trees as “a total tree” and did not specify the quantity of trees, and (2) it appears that the degree of 150 percent of the number of trees can be extracted from the land of this case, but the actual quantity of trees falls short of this.