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(영문) 인천지방법원 2015.11.17 2011가합18495

손해배상(기)

Text

1. Defendant (Counterclaim Plaintiff) and Counterclaim Plaintiff Co., Ltd., DF, Korea Asset Trust Co., Ltd, Defendant DG Co., Ltd.

Reasons

1. Determination as to the main claim

A. Basic facts 1) Defendant DG Co., Ltd. (hereinafter “Defendant DG”), and DH (hereinafter “Defendant DH”) are the commencement of a project to newly construct and sell DJ apartment units (hereinafter “instant apartment units”) on the ground of 65,758.9450 square meters above the surface of the area of the Incheon Metropolitan City Free Economic Zone, which is a multi-family housing of 1,287 square meters on the ground of the 65,758.9450 square meters.

Defendant DF Co., Ltd. (hereinafter “Defendant DF”) was the executor of the above business, and entrusted Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant Korea Asset Trust”) with the implementation of the above case.

(B) When the above Defendants are collectively named, the Defendant Incheon Metropolitan City is the general project operator of the above Young-gu Incheon Metropolitan City development project, which is the joint unit project operator of the above development project together with the Incheon Metropolitan City Urban Development Corporation. (c) The Plaintiffs are people who have concluded a contract for sale in lots with the Defendant Korean Asset Trust and the Defendant Korea Land and Housing Corporation for the apartment of this case.

(2) The sale contract between the plaintiffs and the defendant DK was designated as the Incheon Free Economic Zone on August 11, 2003 by the Ministry of Finance and Economy No. 2003-19, and the defendant Incheon Metropolitan City, and the Korea Land and Housing Corporation established "the Incheon Basic Urban Planning Act of 2020" and "the development plan (amended) and the implementation plan for the 3 consecutive landing bridge and the 2 airport railway construction plan" around 2006, including the 3 consecutive landing bridge and the 2 airport railway construction plan.

Accordingly, the defendant Korea Land and Housing Corporation created a housing site in the Young-gu area and sold the housing site to construction companies including defendant DF.

B. Defendant DF together with Hanyang, Dongyang Housing Construction Co., Ltd., New Master Construction Co., Ltd., Hyundai Construction Co., Ltd., Ltd., and DK on October 15, 2009.