매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
In light of the above, E, an urban-type residential housing, is not capable of constructing three spaces from the conclusion of the above supply contract, since E, which is an urban-type residential housing, should consist of a single space with the exception of boiler rooms, and can constitute two spaces in cases where the exclusive residential area is at least 30 square meters.
For this reason, a contract for supply with the defendant and an option contract with the intervenor was concluded separately.
Therefore, the plaintiff could have sufficiently known the reasons for separate execution of each contract.
* The public announcement of invitation and the above supply contract for E does not contain three spaces, and there is no household comprised of three spaces in the building permit drawing for E.
* Under the control of brochures for sale in E, it is stated that “Urban-type residential housing is constructed in accordance with the relevant laws and regulations, and may be modified and used as above with CG after completion upon the choice of the buyer.”
* On December 15, 2016, the Defendant and the Intervenor were issued corrective measures to the effect that “an advertisement is being made in three space with respect to E” from the Seopopo City on December 15, 2016, and it is apparent that it is a false or exaggerated advertisement different from the content for which the construction permit was granted, thereby promptly taking corrective measures.”
After that, on April 5, 2017, the Defendant and the Intervenor confirmed from the Seopopo City on April 5, 2017 that the measures for advertising and model voucher operation have been completed with three compositions.
“As a result of the confirmation of the details of the measures to take corrective measures against urban-type residential housing.” * The Defendant sent to the buyers including the Plaintiff, etc. a letter of “E-sale contract guide” on February 22, 2017, and separately from the contract for the sale and supply of the project, the Defendant consented to the modification of the design and options related to the change in the 3studio form after the completion of the construction with the Intervenor, and the delay of the occupancy due thereto are us.