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. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the following "2. Additional Judgment" to the allegations added by the plaintiff in this court, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the claim is that the Defendant violated Article 25 of the Enforcement Decree of the Tourism Promotion Act and Article 27 of the Enforcement Rule, which provide that the exclusive area and the jointly-owned area shall be divided in the notice of sale in lots and the public notice of invitation of members when preparing the contract of this case. As such, the “contract area”, which is the standard for returning the sale price pursuant to Article 7

In other words, the use area of the instant real estate is 122.8 square meters for the area of 108.3 square meters for the section for exclusive use, and the area error is 108.3 square meters for the area of 122.8 square meters (108.3 - 122.8) / 122.8 x 100 percent = 11.8%. Thus, the Defendant is obligated to return to the Plaintiff the sales price of 42,160,000 (=620,000 x 6.8%) equivalent to 6.8% for the portion exceeding 5% pursuant to Article 2(2)2.

B. However, the “contract area” under Article 7(3) of the instant contract refers to the area for sale in lots under the contract. The concept including the area for sale in lots as well as the area for public use is as seen earlier. As alleged by the Plaintiff, it is difficult to regard the “contract area” as the area for use on the ground that the Defendant did not separately indicate the area for exclusive use and the area for public use.

The plaintiff's assertion is without merit.

3. Conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit.