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(영문) 인천지방법원 2015.09.22 2012가합15684

분양대금반환 등

Text

1. Defendant (Counterclaim Plaintiff Co., Ltd.) and Defendant X Co., Ltd. jointly do so to the Plaintiffs and Plaintiff (Counterclaim Defendant).

Reasons

1. Determination as to the main claim

A. Basic facts 1) Defendant X is a construction contractor for a new construction and sale of Y apartment (hereinafter “instant apartment”) on the ground of X 67,459.85 square meters above the land of Young-gu Incheon Metropolitan City in the area of the free economic zone, X is a multi-family housing with a scale of 1,680 square meters, and Defendant W is an executor of the said project.

B) The Plaintiffs directly concluded a sales contract with Defendant W with respect to the instant apartment (hereinafter the Plaintiffs and Defendant W) (hereinafter “instant sales contract”).

(C) Plaintiff A, E, I, J, K, N, P, R, T, U, and V received an intermediate payment loan from the Bank of Korea for the payment of intermediate payment under the instant sales contract from the Defendant Corporation.

(2) On October 15, 2009, Incheon Free Economic Zone Authority (hereinafter “Economic Free Economic Zone Authority”) (hereinafter “The instant payment guarantee agreement”), along with Hanyang, Dong Housing Co., Ltd., Dongyang, New Master Construction Co., Ltd., Ltd., and Hyundai Construction Co., Ltd., Ltd., the apartment sales advertisement of the instant apartment, Defendant W and X, who sold a housing site in the Young-gu District and constructed apartment.

(A) From around that time, the public announcement of the invitation of occupants was obtained, and the public announcement of the recruitment of occupants was conducted in large scale or jointly with each other. The outlined contents of the advertisement regarding the location conditions, etc. of the surrounding apartment of this case through the pre-sale complex, car sloping, simultaneous sale book, Internet homepage, etc., are as follows: (a) The 2 airport railway of Incheon Airport will be constructed and the 2 airport railway will be opened to link the third Do and Cheongdo District with the echina road and the echina road, which connects the third echina road and the Cheongdo District.

B. The development project is scheduled to be implemented, such as the Youngbrowawa, the smuggling design scenario, the MGM Pidio, the MGM Pidio, the MGM ludio tourism complex in existence, the North Korean multi-modal leisure complex, and the merd City

Many elementary, middle and high schools.