1. Facts
A enters into a contract to purchase land from B. A misunderstood that ‘about 80 pyeong of the plum tree field adjacent to the land above is included, and about 40 pyeong of the adjacent road section is not included’.
B, like A, misunderstood the boundaries of the land. At the time of the sale contract, B did not give A an accurate explanation of the boundaries of the land.
The area of the part A’s mistakenly recognized occupies a significant part of the above land area. A has made a mistake about the boundary of the subject matter of the sale contract. Such errors are an important part of the contract. A’s misunderstanding was caused by B’s incorrect explanation.
2. Rules
The expression of intention may be revoked if there is an error in an important part of the juristic act. An error in an important part of a juristic act must be so important that it is thought that the representative would not have expressed his/her intention if it had not been for such an error. It must be so important that it is thought that ordinary people would not have expressed such an intention if they had been in the position of a representative.
For example, if there was an error in the current status and boundaries of the land, and it is clear that the purpose of the contract could not be achieved if it had been known before the contract was concluded, it can be evaluated that the contract would not have been concluded. error is admitted.
If there is an error in an important part of the contents of a juristic act, the expression of intention may be revoked. However, if the error is due to the gross negligence of the representative, it cannot be cancelled. Here, “serious negligence” means a marked negligence in the attention normally required in light of the representative’s occupation, type of conduct, and purpose.
In the case of land sale, unless there are special circumstances, it cannot be considered that the buyer has a duty of care to check in advance whether the object of sale is exactly the same as that on the cadastral map by measuring it or comparing it with the cadastral map.