(4)C公司申請(qǐng)人民法院將該商品房拍賣(mài)，并將其拍賣(mài)所得價(jià)款優(yōu)先清償建設(shè)工程價(jià)款的請(qǐng)求，是不符合法律規(guī)定的。根據(jù)規(guī)定，發(fā)包人未按照約定支付價(jià)款的，經(jīng)承包人催告發(fā)包人仍不支付的，承包人可以與發(fā)包人協(xié)議將該工程折價(jià)，也可以申請(qǐng)人民法院將該工程依法拍賣(mài)，建設(shè)工程的價(jià)款就該工程折價(jià)或者拍賣(mài)的價(jià)款優(yōu)先受償，并優(yōu)先于抵押權(quán)和其他債權(quán)。但消費(fèi)者交付購(gòu)買(mǎi)商品房的全部或者大部分款項(xiàng)后，承包人就該項(xiàng)商品房享有的工程價(jià)款優(yōu)先受償權(quán)不得對(duì)抗買(mǎi)受人。本題買(mǎi)受人李某已按合同約定支付了全額房款，C公司就該項(xiàng)商品房享有的工程價(jià)款優(yōu)先受償權(quán)不得對(duì)抗買(mǎi)受人李某和其他購(gòu)房人。

　　(1)The information about community green rate and club in Company As Sales advertisements should be considered as offer According to the regulations, the Sales advertisements and promotional materials is an invitation to offer. But if the information and the promise is specific and definite, and has a great effect on determining the price and signing the contract, it should be considered as an offer

　　In this case, the information about the community green rate and club play a great role in signing the sales contract and determining the price, soo it isan offer

　　(2)Although the information about the community green rate and club wasnt written in the sales contract, Company A should undertake the responsibility of breach of contract, because, according to the regulation, even the information and the promise hasnt been written in the sales contract, it is also a part of the contract. The parties who violate the contract should undertake the responsibility

　　(3)If Company A demands to reduce the amount of penal sum, the Court should support the demand. According to the regulations, if the parties demand to reduce the amount of penal sum, the amount should be reduced by 30% of the balance between the penal sum and the loss

　　In this topic, the penal sum in the contract is 100000 yuan, Mr. Lis loss is 39000 yuan. So when Company A demands to reduce the amount of penal sum, the Court should support its demand

　　(4)It is illegal for Company C to ask to auction the flat and to use the gain to pay the cost of the construction project. According to the regulations, if the client doesn’t pay for the cost, and if after the contractor urge, the client doesn’t pay for it either, they can consult to convert the project into money, or demand the Court to auction the project, then use the gain to pay for the cost of the construction project firstly. The cost of the construction project has the priority to the mortgage and other creditors. But if the customer has paid most or all of the money, the customers have the priority to others. In this case, Mr. Li has paid for the house, so Mr. Li and other customers have the priority