1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. On April 17, 2014, the Plaintiff asserted that: (a) calculated the total size of KRW 9094 square meters ( approximately KRW 2,755 square meters per square meter) on the part of the Defendant’s public account books in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu and D, and E, F, and G (hereinafter “each real estate of this case”) from the Defendant on April 17, 2014; (b) concluded a sales contract with a unit of KRW 1,150,000,000 for the total purchase price of KRW 1,150,000,000; and (c) completed each registration of ownership transfer in the name of the Plaintiff and his wife around July 2014.

However, in the course of surveying to develop each of the instant real estate on April 28, 2016, the Plaintiff became aware of the fact that the total area of each of the instant real estate falls short of 1123 square meters (340 square meters) in total compared to the registered area. Since the above sales contract set the price on the basis of the area most important, it constitutes a sale that designates the quantity prescribed in Article 574 of the Civil Act. The Plaintiff exercises the right to claim the price reduction in accordance with Article 572 of the Civil Act, and the Defendant is obliged to pay the amount stated in the purport

B. On the one hand, "the sale and purchase" of Article 574 of the Civil Code refers to the case where the parties set the price based on the volume of the specific goods, which is the object of the sale, by setting up the proposal that the parties have a certain quantity. Thus, even if the objects are specified according to the ordinary number of the public account book in the sale and purchase of the land, and the price was determined by multiplying the unit area by the area on the public account book on the per unit area, the sale and purchase of the land can not be regarded as "the sale and purchase of the land immediately designating the quantity." If the party evaluated the designated division as a whole and the calculation by the ordinary number was only one, and it appears that it was a means to specify the land and determine the price between the parties.