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(영문) 인천지방법원 2015.09.22 2012가합19242

분양대금반환등

Text

1. The Defendant (Counterclaim Plaintiff) Construction Co., Ltd. and the Defendant U.S. Construction Co., Ltd. jointly share the Plaintiff C, D, and D.

Reasons

1. Determination as to the main claim

A. Basic facts 1) Defendant U.S. Construction is a construction contractor for a project to newly construct and sell H apartment units, which are multi-family housing with a scale of 1,680 square meters on the land of 67,459.85 square meters in the Incheon Metropolitan City Free Economic Zone Gable Gable block (hereinafter “instant apartment units”), and Defendant U.S. Construction is the executor of the said project.

B) The Plaintiffs directly enter into the instant apartment sale contract with Defendant Dosan Construction, or succeed to the status of the buyer from the existing buyer (hereinafter the Plaintiffs and Defendant Dosan Construction) (hereinafter “instant sales contract”).

(C) Plaintiff E received a credit guarantee from Defendant Corporation for the payment of intermediate payment pursuant to the instant sales contract, and received an intermediate payment loan from us bank.

(2) The Plaintiff E and the Defendant Corporation’s credit guarantee agreement between the Plaintiff E and the Defendant Corporation (hereinafter “instant payment guarantee agreement”) is as follows: (a) the instant apartment sales advertisement construction; and (b) the Korea-U.S. Construction Co., Ltd., Ltd., which sold a housing site in the F district and constructed apartment units; (b) the Korea-U.S. Housing Construction; (c) the Korea-U.S. Special Metropolitan Construction Co., Ltd., Ltd., and the Incheon Free Economic Zone Office on October 15,

(A) From around that time, the public announcement of the invitation of occupants was obtained, and the advertisement of the apartment of this case was conducted alternatively or jointly with each other. The outline of the advertisement on the location conditions, etc. surrounding the apartment of this case is as follows: (a) the airport railway of this case is constructed and the Incheon Airport Railroad will be opened, which links between J and Young-do and K Station, which combine between Young-do and I Area, through the apartment of this case and the apartment of this case.

B. The development projects such as L, M, N,O, P, Q are scheduled to be implemented.

Many elementary, middle and high schools are scheduled to be established.