logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.08.18 2016가합23110
대금감액 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 5, 2015, the Plaintiff purchased a total of six parcels of real estate indicated below (hereinafter collectively referred to as “six parcels of land”) from the Defendant on November 5, 2015, in total, KRW 2,30,000,000,000, a total of six parcels of land indicated below, from the Defendant, (a total of six parcels of land is referred to as “six parcels of land”).

(2) On December 1, 2015, the Plaintiff is “the forest land of this case” among the real estate on December 6, 2015.

A) The actual area of 1,255 square meters was confirmed to be lacking of 530 square meters in size on the register. 【Grounds for recognition” The fact that there is no dispute, Gap 1 through 6, Eul 1, 2, 4, and 5 (each entry including all of the numbers, witness H’s testimony, and the purport of the entire pleadings.

2. Determination as to the cause of action

A. The plaintiff's argument that I suggested that I purchase approximately KRW 2,300,000 per square year by specifying the price of six parcels of land at KRW 1,300,00 on the premise that the size of six parcels of land is about KRW 1,300.

In other words, since the Plaintiff and the Defendant determined the price by identifying the area of the subject matter as the most important factor at the time of the instant sales contract, if the Plaintiff had known in advance the indication different from that on the public account book, it would naturally have consulted on the purchase price by calculating it as the actual average number. Thus, the instant sales contract constitutes the quantitative designated sale under Article 574

However, given that the area of the instant forest is 1,785 square meters and 1,255 square meters, the Defendant is obligated to pay to the Plaintiff the amount equivalent to 530 square meters (i.e., 1,785 square meters - 1,255 square meters), 271,389,207 won (i.e., 2,230,000 square meters) x 530 square meters x 4,355 square meters (=1,785 square meters) (i.e., 1,785 square meters) and damages for delay.

B. (1) The "trade designating the quantity" under Article 574 of the Civil Code means that the party has a certain quantity of specified goods which are the subject of the sale.

arrow