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(영문) 수원지방법원 2020.08.19 2019가단536043
손해배상 등
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On October 10, 2018, the Plaintiffs purchased the said forest land in KRW 2.1 billion (hereinafter “instant purchase contract”) from the Defendants, and paid the full purchase price on November 9, 2018, to the Defendants, KRW 1,138 square meters, and KRW 22 square meters prior to J (hereinafter “each of the instant land”). Among them, the Plaintiffs purchased KRW 1,138 square meters of the said forest land in KRW 2.1 billion (hereinafter “instant purchase contract”), and paid the full purchase price on November 9, 2018.

B. On May 20, 2019, the Plaintiffs received a notice from Pyeongtaek-si to the effect that the area of the instant forest shall be corrected from 1,138 square meters to 877 square meters on the ground that there was any error in the registered matters in the cadastral record of the cadastral status survey of the instant forest, which is a parcel of land within the subject matter of the instant sales contract, on the ground that there was a mistake in the registered matters in the cadastral record of the cadastral status survey

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The actual area of the instant land in question, which is 877 square meters, due to nonperformance, is the actual area of the land in question. The area of 261 square meters that the Defendants failed to perform to the Plaintiff is liable for damages due to nonperformance as a safety implementation, and the amount of damages is KRW 142,697,214, which is the amount equivalent to the said 261 square meters.

B. The instant sales contract is a quantity-designated sale indicating the total area of 3,841.0565 square meters in return for the reduction of price and the claim for return of unjust enrichment due to the quantity-designated sale. Pursuant to Article 574 of the Civil Act, the Defendants filed a claim against the Defendants for reduction of the price in KRW 142,697,214, which is equivalent to

Therefore, the Defendants should return unjust enrichment equivalent to the above amount to the Plaintiffs.

C. Both the Plaintiffs and the Defendants made the instant sales contract with the trust of the indication on the registry following the erroneous cancellation. Without gross negligence, the Plaintiffs and the Defendants expressed their intent by mistake on the size of the land and the sales price.

Therefore, the Plaintiffs are on the ground of mistake on the part of 261m2 out of the area of the instant land to the Defendants.

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