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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 14, 2016, the Plaintiff asserted that the Plaintiff purchased the instant real estate in KRW 150 million, which was calculated by subtracting KRW 50 million from KRW 15,500,000 (=31 square x 5 million) calculated as KRW 500,000,000, which was calculated as KRW 500,000,000,000 from the Defendant for multi-household 102 and 401 (hereinafter “instant real estate”).
However, the section for exclusive use of the instant real estate is merely about 20 square meters (68.08 square meters), and as such, the Defendant is obligated to pay KRW 50 million (10 square meters x 10 square meters x 5 million) for the purchase price of ten square meters for damages or return of unjust enrichment based on tort by deceiving the Plaintiff or making false or exaggerated advertisements.
2. In light of the following facts or circumstances, it is insufficient to recognize that the Defendant, on the sole basis that the section for exclusive use of the instant building is 68.08 square meters in fact, by deceiving the Plaintiff as being 31 square meters or making a false advertisement of the area of the instant real estate differently from the actual ones, and there is no evidence to acknowledge otherwise.
Therefore, the plaintiff's above assertion is without merit to examine the remainder of the issue.
(1) In the sale and purchase of part of an aggregate building, when the size of the area is ordinarily notified, the notification of the total area or the size of the expanded section for exclusive use shall not be made as the size of the unit in which the total area or the size of the expanded section for exclusive use is ordinarily the size of the unit.
However, the Defendant accurately notified the Plaintiff that the aggregate area of the section for exclusive use, common use, and balcony expansion area of the instant building through the advertising charging complex, etc. is 107.65 square meters (68.08 square meters in exclusive areas + 14.375 square meters in common areas + 25.20 square meters in balcony expansion area).