1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Defendants constructed the Gwanak-gu Seoul Special Metropolitan City D collective housing (hereinafter “instant real estate”).

B. The instant real estate has three independent buildings on each floor from the second to the sixth floor. The former area of the instant building No. 201 on the Real Estate Registration Injury is 41.68 square meters, 301, 401, and 501 respectively, the former area of the instant building is 47.68 square meters, and the former area of the instant building is 37.68 square meters.

The instant building was registered on October 1, 2013.

C. E-house in charge of the sale of the buildings located in the instant real estate is equal to 201, 301, 401, 501, 601, and 601 to 23.5 square meters, and the sale price is 239,00,000 won.

On October 5, 2013, the Plaintiff purchased No. 601 (hereinafter “instant building”) from the Defendants in KRW 234,00,000 (the remaining pay-off date and the delivery date shall be December 7, 2013; the occupancy date may be adjusted by mutual agreement; hereinafter “instant sales contract”); and the registration of ownership transfer concerning the instant building on November 22, 2013.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 5, and Eul 6

2. The Plaintiff asserted that the Defendants sold the instant real estate at KRW 201, 301, 401, 501, and 601, both of which are the same structure and size as that of the instant real estate, and KRW 201, 234,000,000. In so doing, the Plaintiff heard that the instant building would be purchased at the same price and concluded the instant sales contract after examining 201.

Since the instant sales contract was concluded based on the size and sale price of the instant real estate 201, the instant sales contract constitutes a “sale designated by quantity” under Article 574 of the Civil Act.

However, according to the registry of real estate, the size of 201, 301, 401, and 501 is all 47.68 square meters, and the trading price of 201 is also 234,00,000 square meters. However, the size of the building of this case is 37.68 square meters and is smaller than 201 square meters.

Therefore, the shortage in quantity of the instant building is 10m2.