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1. The plaintiff's appeal is dismissed.
2. The plaintiff's primary selective claims and preliminary claims added by this Court.
Reasons
1. The content to be stated by the court in this part of the basic facts is identical to the reasoning of the judgment of the court of first instance, and thus, citing it pursuant to the main sentence of Article 420 of the Civil Procedure
2. Request for the reduction of price pursuant to Article 574 of the Civil Act among the primary claims;
A. The Plaintiff’s assertion is a quantitative sale and purchase price calculated on the basis of the area. The actual area of the instant forest is not about 595 square meters (180 square meters) but about 344 square meters (104 square meters). As such, the Plaintiff claimed a reduction of the purchase price against the Defendant pursuant to Articles 574 and 572(1) of the Civil Act, and filed a claim against the Defendant for reduction of the purchase price, and the reduced amount is KRW 76,00,000 (=1,000,000 x 76 square meters) and damages for delay.
B. The “sale to which quantity has been designated” as stipulated in Article 574 of the Civil Act refers to the case where the parties set the price based on the volume of the specific goods, which are the object of the sale, by setting up a proposal to the effect that the specific goods, which are the object of the sale, have a certain quantity. As such, in the sale and purchase of land, the sale and purchase of land, even if the object was specified in accordance with the ordinary number on the registry, if the designated portion was assessed as a whole by the parties, and it was merely one standard, and if it was deemed that it was a measure to specify the subject
(See Supreme Court Decision 92Da56674 delivered on June 25, 1993). C.
In full view of the purport of the entire pleadings in the statement with Evidence Nos. 1 through 3, 7, 8, 10, 11, and 11 (including a serial number; hereinafter the same shall apply), the area of the instant site entered in the copy of the register at the time when the Plaintiff purchased the instant site and forest from the Defendant is 562 square meters (170.01 square meters). The area of the instant forest is 595 square meters (179,99 square meters). The forest area of this case is 595 square meters (179,000 square meters). The purchase price of the instant land is 170,000,000 won for calculation of KRW 180,000,000 for the instant forest land, and the total purchase price is 350,000,000 for the instant forest land.