1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 13, 2011, the Plaintiff purchased from the Defendant KRW 1,185,00,000 from the Defendant the purchase price of KRW 1,185,000,00 for neighborhood living facilities and housing (hereinafter “instant building”) on the 354 square meters (hereinafter “instant land”) in Suwon-gu, Busan and the 4th floor of reinforced concrete structure on the same ground.

(hereinafter referred to as “instant sales contract”). B.

As to the instant land and the instant building, the Plaintiff completed the registration of transfer of ownership on the ground of sale on August 11, 201, 2050583, which was received on August 11, 2011 from the Busan District Court Branch of Dongsan Branch of the Busan District Court, 201.

C. Since there was an error in the calculation of the area at the time of subdivision on March 14, 1966, the instant land was corrected from 354 square meters to 320 square meters on July 10, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 6-1 through 4, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion excluded the value of the instant building in determining the sales price at the time of the instant sales contract, and the Plaintiff, on the basis of only the instant land, determined the sales price.

The Plaintiff, in consultation with the Defendant, reduced the purchase price of KRW 2,70,000 from KRW 187,70,000 (=107 square x 11,100,000) calculated as KRW 11,185,00,000 per square day of land size of KRW 354 square meters (per square 107 square x 107 square x 11,00,00) to KRW 1,185,00,000.

As such, since the area of the instant land was identified as the most important factor at the time of the instant sales contract and the price was determined, it constitutes the sale by quantitative designation under Article 574 of the Civil Act. Since the area of the instant land was corrected from 354 square meters to 320 square meters, the Defendant is liable to return the sales price corresponding to the shortage

3. Determination

A. The key issue of the instant case is whether the instant sales contract constitutes a quantitative sale and purchase

B. The "trade which designates the quantity" as stipulated in Article 574 of the Civil Code means that the parties have a specific quantity, which is the object of the sale.