분양대금반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 20, 2016, the Plaintiff entered into a sales contract with the Defendant to sell KRW 151,85,200 with respect to the “D” officetel E (the exclusive use area of KRW 19.2506 square meters, the contract area of KRW 46.6371 square meters, hereinafter “instant officetel”) located in Seonam-si (hereinafter “instant sales contract”), which was executed by the Defendant, and paid KRW 15,185,520 to the Defendant as the down payment on the same day.
B. On February 15, 2017, the Plaintiff received a loan of KRW 91,113,120 from the FF Association at an interest rate of 4.3% per annum for the payment of intermediate payments over six occasions prescribed in the instant sales contract, and paid KRW 91,113,120 in total as the intermediate payments determined in the instant sales contract.
C. At the time of sale of the instant officetel, the notice written by the Defendant for the purpose of public relations includes the following: “The notice shall be 4.2m high-rises and the first open-end creative design of the two-storys to maximize investment values by focusing on the scarcity and differentiation of investment values.”
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading
2. Judgment on the plaintiff's assertion
A. The gist of the Plaintiff’s assertion is that the interior height of the instant officetel is 4.2 meters through the instant officetel sales advertisement, etc., and the Plaintiff believed this and concluded the instant sales contract, but the interior height of the instant officetel actually constructed is only 3.8 meters.
On March 25, 2019, the Plaintiff thought that the interior height of the instant officetel was important, and as such, notified the Defendant of the termination of the instant sales contract on or around March 25, 2019.
Therefore, the Defendant is obligated to pay the Plaintiff a loan interest of KRW 1,042,60 for the payment of the intermediate payment, KRW 1,042,60 for the payment of the intermediate payment, KRW 15,185,520 for penalty, and delay damages for each of the above money.
B. Determination Dop, which was made by the Defendant at the time of sale of the instant officetel, for the purpose of publicity.