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(영문) 서울중앙지방법원 2015.01.23 2013가합19941

분양대금 반환 등

Text

1. The plaintiffs' primary claims and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. Defendant New Name Comprehensive Construction Co., Ltd. (hereinafter “Defendant New Name Construction”), including the status of the parties, (hereinafter “Defendant New Name Construction”), is the contractor and the contractor of the construction project of newly constructing and selling B apartment houses (hereinafter “instant apartment houses”) with a scale of 1,002 units on the ground of 33,836.524m24m2 of the Incheon Metropolitan City (hereinafter “Yancheon-si”), which are multi-family housing units with a scale of 1,002 square meters on the land of the land of the free economic zone (hereinafter “Yancheon-si”), and the trustee entrusted with the performance of the sale business, the management of funds, and the administrative work by proxy from Defendant New Name Construction.

The Plaintiffs are buyers who concluded a sales contract with Defendant land trust regarding the apartment of this case.

Defendant Korea Exchange Bank Co., Ltd. (hereinafter “Defendant Korea Exchange Bank”), Defendant Nonghyup Bank Co., Ltd. (hereinafter “Defendant Nonghyup Bank”), and Incheon Savings Bank (hereinafter “Defendant Incheon Savings Bank”), and the said Defendant Foreign Exchange Bank and Nonghyup Bank, together with the said Defendant Exchange Bank and Nonghyup Bank, “Defendant Loaning Institution”) are financial institutions that lend part payments to buyers of apartment buildings of this case out of the sale price.

The Defendant Korea Land and Housing Corporation (Korea Land and Housing Corporation, a contracting party, was dissolved pursuant to the Korea Land and Housing Corporation Act, and Defendant Korea Land and Housing Corporation comprehensively succeeded to the property, claims and obligations of Korea Land and Housing Corporation on October 1, 2009, as well as other rights and obligations pursuant to Article 8 of the Addenda of the same Act; hereinafter referred to as “Defendant Land and Housing Corporation”) is a company which has developed a housing site in the Young-si City and has sold the site of the instant apartment site to Defendant New Names Construction by means

B. Under the location condition of the apartment site of this case, Young-gu District A, which is the site of this case, is located near the east of Young-do, which is an island located in the Jung-gu Incheon Metropolitan City.

At the west of Yong-do, Incheon International Airport is located.