1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. In addition to the fact that the court’s reasoning is based on this part of the reasoning of the judgment of the court of first instance, the third 11th class “7th class” among the “1. Basic Facts” is deemed as “7th class 632.51m2,” the reasoning of the judgment of the court of first instance is the same as that of “1. Basic Facts” and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. The plaintiff's assertion

A. Under each of the instant lease agreements, the leased area was set at 5,033 square meters, and the management fee and the rent were calculated by multiplying the unit price per area by the leased area. As such, each of the instant lease agreements constitutes a lease agreement with a designated quantity.

B. However, the size on the building ledger and the registry of the instant leased premises was merely 3,070.16 square meters from February 2, 2008 to December 2, 2010, which is the date of the initial contract, from January 2, 2011 to December 2, 2015, and thus, the Defendant leased an area of 1,937.32 square meters (=5,03 square meters - 3,095.68 square meters) to 1,962.84 square meters (=5,03 square meters - 5,03 square meters - 3,095.68 square meters) or 1,962.84 square meters).

C. Therefore, based on the return of unjust enrichment, claim for damages, and claim for price reduction in advance, the Plaintiff seeks reimbursement for rent and management fee for the leased area in excess of the actual area from April 201 to December 2015, 3,205,040, 460 won and damages for delay as stated in the separate sheet, which the Defendant received as rent and management fee for the leased area in excess of the actual area.

3. Determination

A. The "sale and purchase" under Article 574 of the Civil Code, which is the basis for determining whether a sale and purchase is a lease with a quantity designated, refers to the case where the parties set the price based on the volume of the purchase and sale on the proposal that the specific goods, which is the object of the sale and purchase, have a certain quantity. Thus, even if the sale and purchase of the land was determined by specifying the object according to the average number on the public account book, and by multiplying the unit area by the area on the public account book on the per unit area, the sale and purchase