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(영문) 인천지방법원 2013.10.22 2012가합8372

부당이득금반환등

Text

1. The plaintiffs and the plaintiff C's successor's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. Status 1) The land trust company against the Defendant (hereinafter “Defendant’s land trust”)

) The Seo-gu Incheon Western apartment D (hereinafter referred to as the “instant apartment”).

(2) Defendant Spanco Construction Co., Ltd. (hereinafter referred to as “Defendant Spanco Construction”)

The apartment of this case is the construction work of the apartment of this case, and the plaintiffs are the parties to the sales contract for the apartment of this case between the defendant's land trust and the sale contract for the apartment of this case.

The parties who have acquired the status of the sales contract from the buyers or the initial buyers who have acquired the status of the sales contract (hereinafter referred to as the "first buyers") without specifically distinguishing them from those who have acquired the status of the sales contract from the initial buyers.

(2) On November 15, 2012, the date of the instant lawsuit, Plaintiff Y and Plaintiff Y entered into a sales contract with the land trust with the Defendant for the instant apartment building Nos. 2803, 4601, and Plaintiff Y acquired the status as a buyer under the said sales contract from Plaintiff Y (Withdrawal) and Plaintiff Y retired from the instant lawsuit.

3) On March 22, 2013, after the filing of the instant lawsuit, Plaintiff C succeeded to the instant case on March 22, 2013, which was the first buyer of the instant apartment building 2801 Dong 4901, and received 1/2 of the rights and duties pursuant to the sales contract from Plaintiff C, who was the buyer of the instant apartment building, and participated in the instant case (hereinafter the Plaintiffs and Plaintiff C’s succeeding intervenors collectively referred to as “Plaintiffs”).

B. B. Around 2002, the government established a master plan for the East Asia’s business-centered country including the content of the development of free economic zones centering on Incheon, Busan, and Gwangju, and Gwangju. On December 30, 2002, “Act on Designation and Management of Free Economic Zones” was enacted by Act No. 6835, Dec. 30, 2002, and the said Act was designated and cancelled as free economic zones, and implemented development projects for free economic zones.