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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 29, 2016, the Plaintiff purchased from the Defendant the price of KRW 2,897,60,000 for KRW 527.9 square meters for the housing site in Seodaemun-gu Seoul, Seodaemun-gu, Seoul (referring to the land determined as KRW 515.3 square meters after death; hereinafter “first land”) for the reserved land in the redevelopment project owned by the Defendant and the land secured for the recompense for the development of development project.
B. On February 16, 2017, with respect to the land Nos. 1 and 2 (hereinafter collectively referred to as “each land of this case”), registration of ownership preservation has been made in the name of the Defendant on February 16, 2017, and on April 27, 2017, registration of ownership transfer was made in the name of the Plaintiff for the said sale.
C. After that, as a result of a cadastral survey conducted by the Plaintiff for a building, the land area surveyed is less than the area of the land indicated in the sales contract. The land No. 1 is less than 527.90 square meters, which is the area indicated in the sales contract, and the land No. 515.3 square meters, and the land No. 2 is less than 766.60 square meters, which is less than 18.8 square meters, which is the area indicated in the sales contract.
[Reasons for Recognition] Evidence A Nos. 1 through 4
2. The Plaintiff’s assertion is the cause of the instant claim that the area of the land in each of the instant lands is stipulated as the basis for the final survey. As such, each of the instant land sales contracts falls under the sale and purchase of the land. As a result of the cadastral survey, the actual area of the land is less than the area indicated in the sales and sale contract, and as such, the actual area of the land is less than the area indicated in the sales and sale contract, the amount of land falling short of the area of the land should be reduced and returned. The Defendant: ① KRW 69,160,366 (2,897,60,600,000 per square meter ±5,48,918,918 】 60,606,000 won for the land that was paid in excess of the area of the land in the sales and sale contract; ② KRW 69,160,366,00 for the land that was paid in excess of the area of the land.