1. The plaintiff's claim is dismissed.

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

1. The Plaintiff asserted that the Defendant sold 203 commercial buildings (hereinafter “instant building”) 203 on the land (hereinafter “instant building”) in Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, and paid KRW 618,734,270 as sales price.

The defendant shall set the exclusive use area of the above 203 as 36.10 square meters (119.34 square meters) and set the sale price according to the above area and sold it to the plaintiff to 618,734,270 won, and 1.36 square meters out of the actual area is used as a corridor for public use (for entry of the general public), so the defendant shall return to the plaintiff 22,547,306 won equivalent to the area used for the above public use among the sale price.

2. Determination

A. (1) The Defendant, upon setting the sales price for each of the units of the instant building according to its exclusive use area, publicly announced the sales price for each unit of the instant building, and the sales price for 203 units prior to the division was publicly announced as KRW 190.84m2 and KRW 957,100,000.

(2) The Plaintiff requested the Defendant to divide 203 units before the division into two hundred three units before the sale.

Accordingly, the defendant explained that if 203 units prior to the division are divided into two units, part of the exclusive use part can be used as a corridor for the entry of each unit. The plaintiff accepted that part of the exclusive use part for official use as above.

(3) Accordingly, on December 16, 2013, the Defendant entered into a sales contract with the Plaintiff for KRW 618,734,270 with the part of 119.34 square meters in 203 square meters in the pre-division as 203 after dividing it into 203 square meters (19.34 square meters) and 204 square meters (71.50 square meters) before dividing it into 203 square meters in 203 (119.34 square meters) and 204 square meters (71.50 square meters), and incorporated the part of 203 and 204 square meters in the corridor into a corridor.

(4) Meanwhile, it is understood that part of the exclusive use area of 204 units after division is used as a corridor as above, and that D was sold by the Defendant with the exclusive use area of 204 units above 71.50 square meters.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 and 2 (including each number) respectively.