1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of promoting friendship and unity among business operators who hold a private taxi business license in Daegu, and the Defendant is a juristic person established for the purpose of real estate sale and lease business.

B. On December 24, 2014, the Plaintiff entered into a contract with the Defendant on the purchase price of KRW 5,591 square meters (hereinafter “instant land”), including ① 3,591 square meters among the 8-3 forest land in Daegu Seo-dong, Seo-gu (hereinafter “instant land”), ② liquefied petroleum gas filling business license, ③ liquefied petroleum gas charging facilities, ③ the construction price for the said facilities, and KRW 5,200,000,000 for total amount of KRW 1,200,000 for the purchase price, ② KRW 4,100,000 for the purchase price, KRW 1,100,000 for the construction price,00 for the said land).

(hereinafter “instant sales contract”). C.

On February 22, 2016, the Defendant divided the instant land into 3,591 square meters, which is the subject matter of sale, out of 8-3 forest land, Daegu-gu, Seodong-dong, Seogdong-dong, Seodong-gu, Daegu-do, which was owned by the Defendant, into the instant land. On February 24, 2016, the land category of the instant land was registered as the gas station site from forest land to the gas station site, and completed the registration of transfer of ownership on February 29, 2016 to the Plaintiff on the ground of sale.

Although the land category of this case was 3,591 square meters at the time of the forest land category, it was registered as a gas station site on February 24, 2016, and the area after the accident is 3,405 square meters.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 7, Eul evidence 1, the purport of the whole pleadings]

2. Determination

A. The Plaintiff’s assertion constitutes a sale that designates the quantity stipulated in Article 574 of the Civil Act.

According to the instant sales contract, the Defendant shall deliver to the Plaintiff the land of 3,591 square meters. However, the Defendant’s land area that the Plaintiff transferred to the Plaintiff is merely a 3,405 square meters with a 186 square meters value exceeding 3,591 square meters and is merely a 212,364,243 square meters equivalent to the shortage in quantity among the above sales price (i.e., 186 square meters x 1,141,743 square meters).

B. The defendant's assertion.