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(영문) 서울중앙지방법원 2016.08.10 2015가단5080143

분양대금반환 등 청구의 소

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Defendant B Co., Ltd. (hereinafter “Defendant B”), and Defendant C Co., Ltd. (hereinafter “Defendant C”) are the projects undertaken to newly construct and sell F apartment units (hereinafter “instant apartment units”) with a scale of 1,287 square meters on the ground of 65,758.9450 square meters of Incheon Eb block.

B) Defendant D Co., Ltd. (hereinafter “Defendant D”)

(1) The Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant Korea Asset Trust”) is the executor of the above business.

(C) On February 10, 2010, the Plaintiff purchased the instant apartment Nos. 758, 3202 from the Defendant Korea Asset Trust in KRW 338,200,00.

(2) On August 11, 2003, the Incheon Free Economic Zone was designated by the Ministry of Finance and Economy No. 2003-19 on August 11, 2003, and the Incheon Metropolitan City and the Korea Land and Housing Corporation established "the Incheon Basic Urban Planning Act of 2020" and "the plan for the development of the Incheon Basic Urban Planning Act of 2020 and the GG development plan (amended)", including the third landing bridge and the second airport railway construction plan around 2006.

B) Defendant D had purchased a housing site in Yong-si District by the Korea Land and Housing Corporation, and the Defendants jointly conducted the instant apartment sales advertisement around 2009. (C) In particular, due to the construction of the third-party land bridge between Young-do and Cheongdo District, the advertisement was implemented to significantly improve accessibility and convenience to the land of the instant apartment located in Young-do Island. In the advertisement, the specific opening period of the third-party land landing zone was specified in 2014.

3) At the time of the sale advertisement of the apartment of this case, the third year landing bridge was included in the basic urban planning, etc. of Incheon Metropolitan City, but the completion date is not specified.