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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
. The sales contract of this case was concluded (hereinafter “instant sales contract”).
C. Although the instant housing was designed on the design drawing as a middle-class (ma), the Defendant provided the buyers with options to expand the above middle-class part to a living room without additional burden (hereinafter “extension type”), and as a result, D selected an extension type at the time of the instant sales contract. Of the instant sales contract, the parts relating to the expanded type choice are as follows.
Matters to be included in extended types - A multi-use room for the first floor, dives room, living room for the first floor - (which shall be included in the sale area) / [sale area] A housing site area - A housing site ownership - A road ownership of 322 square meters: 67.88 square meters: - Total area of a road ownership of 389.88 square meters: - a floor area of 73.49 square meters: - a floor area of 73.49 square meters (extension area: 14.21 square meters): - an underground parking lot of 57.55 square meters - an underground parking lot of 33 square meters - a service area of 11.96 square meters: A service area of 176.0 square meters - An increase or decrease of area of 176.0
D. The Plaintiff paid the sales price under the instant sales contract to the Defendant by account transfer as listed below. On June 29, 2015, the original Defendant agreed to change the name of the purchaser of the instant sales contract from D to the Plaintiff, and newly prepared a sales contract stating the date of conclusion of the contract as of December 12, 2014 at the same time as before.
The payment amount paid on December 50, 2014, the first intermediate payment of KRW 100,000,000 on January 12, 2015, in total of KRW 250,000,000 on September 17, 2015, in the second intermediate payment of KRW 100,000 on September 17, 2015.
D. Meanwhile, since the instant house is constructed in a natural green area, the building-to-land ratio cannot exceed 20% pursuant to Article 50(1)15 of the Ordinance of the Young-si Urban Planning. The building-to-land ratio exceeds 20% if the buyer selects the extension type. Thus, the Defendant is once the instant house on March 25, 2016.