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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 2, 2006, the Plaintiff purchased from G in KRW 76 million each of the instant real estates of KRW 60,091 square meters of H-si Kimcheon-si (hereinafter “the instant forest”), I orchard 1,212 square meters, and 10,191 square meters before J (hereinafter “three parcels”).
(hereinafter “instant sales contract”). B.
As to each real estate of this case, the Plaintiff completed the registration of transfer of ownership based on sale as of January 17, 2006, No. 1606, which was received on January 17, 2006, and December 20, 2005.
C. On December 12, 2014, the instant forest was corrected to a size of 3,025 square meters due to the rectification of boundary. D.
On the other hand, after G died on April 21, 2010, Defendant C, D, E, and F, the wife, succeeded to its property.
[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 to 11, witness K's testimony and purport of the whole pleadings
2. At the time of the instant sales contract, the Plaintiff and G were included in free 1,191 square meters prior to Kimcheon-si, Kimcheon-si. The Plaintiff and G set the sales price at KRW 7,300,000 by reducing the sum of KRW 1,212 square meters of the instant forest and the instant forest and the instant I orchard at KRW 35,000 per square meter. The Plaintiff calculated KRW 77,315,000 per square meter (=35,000 x 2,209 square meters).
As such, since the area of the subject matter at the time of the instant sales contract was identified as the most important factor and the price was determined, it constitutes the sale by quantitative designation under Article 574 of the Civil Act. Since the area of the forest of this case was corrected from 6,091 square meters to 3,025 square meters, the Defendants were to return the insufficient part of 32,445,00 won (=35,000 square meters x 927 square meters) equivalent to 32,06 square meters (3,091 square meters - 3,025 square meters, 927 square meters).
Therefore, Defendant B is obligated to pay the Plaintiff the amount of KRW 8,848,636 (=32,45,00 x 3/11 shares x 3/11 shares), Defendant C, D, E, and F respectively (=32,445,00 won x 2/11 shares) and damages for delay.
3. The sale to which the quantity is designated in accordance with Article 574 of the Civil Code.