1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Determination as to the cause of claim

A. The gist of the parties’ assertion 1) On July 26, 2017, the Plaintiff and the Defendant on July 26, 2017 (hereinafter “the land before subdivision”) are 2,072 square meters of land in Seocheon-gun, Chungcheongnam-do.

() Of the 132 square meters (Around 40 square meters), a sales contract was concluded to purchase KRW 2,00,000 per square meter, and if there is a difference in the area of the actual survey result, it constitutes the sale of quantity designated according to the survey result. The Plaintiff paid KRW 80,00,000 to the Plaintiff by October 23, 2017 pursuant to the said sales contract. The Plaintiff paid the entire purchase price of KRW 80,000 by October 23, 2017. The Defendant divided the said land before subdivision and transferred ownership to the Plaintiff, and KRW 37.5 square meters of the land D, Seocheon-gun, Seocheon-gun, Seoul (hereinafter referred to as the “instant land”).

A) Therefore, the Defendant is obligated to return to the Plaintiff the amount equivalent to KRW 5,00,00 (2.5 square meters x 2,000,000) out of the above sales amount (i.e., KRW 2,00). The Defendant did not enter into a sales contract with the Plaintiff by setting the sales amount at KRW 2,00,00 per square meter, and finally, entered into a sales contract with the Plaintiff by setting the sales amount at KRW 124,00,000, the instant land and the sales amount at KRW 80,000,000, which is the area of the subject matter of

Therefore, the defendant is not obligated to return the purchase price to the plaintiff.

B. The "sale and purchase" under Article 574 of the Civil Act 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, in order for them to hold a certain quantity. Thus, even if the parties determined the purchase price by the method of determining the price per unit area according to the average number of goods recorded on the registry book and multiplying the unit area by the area recorded on the registry book, such circumstance alone does not immediately mean that the sale and purchase of the land is "the sale and purchase by designating the quantity", and if the parties were to the designated division.