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(영문) 인천지방법원 2015.11.26 2013가합6311

분양대금반환 등

Text

1. The Defendant’s payment to the Plaintiffs on each of the money stated in the “personal fee” list for calculation details by the Plaintiff and each of the said money.

Reasons

1. Basic facts

A. The defendant as the party is a construction contractor for a new project that newly constructs and sells N apartment units (hereinafter "the apartment units of this case"), which are multi-family housing of 1,628 households with the 2th underground and 13th underground floors on the ground of the 37th apartment units on the ground of the land unit M of the Incheon Metropolitan City (hereinafter "In Mancheon-si"), and the plaintiffs are people who have concluded a sales contract for the apartment units of this case with the defendant.

B. The Plaintiffs entered into a contract between the Plaintiffs and the Defendant to purchase each of the instant apartment units on the date of the sales contract, such as the entry of the “sale details” in the separate sheet for calculation by Plaintiff, with the Defendant, by setting forth that each of the instant apartment units among the instant apartment units shall be paid by the Defendant on the date of the sales contract (hereinafter “each of the instant sales contracts”).

C. On October 15, 2009, the Defendant: (a) obtained approval from the Incheon Free Economic Zone Authority for the recruitment of occupants on October 15, 2009; and (b) made a large-scale sales advertisement on the apartment of this case, respectively or jointly with each other around that time. (b) The Defendant advertised the location conditions, etc. surrounding the apartment of this case through the pre-sale complex, car sloping, concurrent sales book, Internet homepage, and lectures, among the outlines, as follows.

① A bridge connected to the Cheongdododododododododododo, traffic system, development plan, etc. related to the apartment of this case is marked as “third Dododododododo,” etc. or “third Dodododododododo,” etc. <2> The apartment of this case is marked as “third Dodogdog" and “third Doging Dogdogdog" or “third Dogdoging Dogdog", etc. in the instant apartment of this case.