beta
(영문) 서울고등법원 2018.08.30 2017나2063291

통행료지원금 청구의 소

Text

1. The plaintiffs' appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the parties, etc. 1) DB apartment units on the scale of 1,002 households on the ground of Incheon Free Economic Zone DB block (hereinafter “instant apartment units”).

2) As to the sales contract of this case, the sales contract of this case between the defendant and the defendant as shown in the attached Form 2.

(2) The Defendant is a company that operates the real estate leasing business, sales business, and all other business related to the development of real estate, and is the developer of the instant apartment construction business and the seller of the instant apartment sales contract.

3) DC Co., Ltd. (hereinafter “DC”)

(B) A company running a housing construction business, civil construction business, real estate consignment business, etc., and is the contractor of the instant apartment, and entrusted the Defendant with the sale of the instant apartment in connection with the instant new apartment construction business. (B) The Incheon Free Economic Zone Authority approved the invitation announcement of occupants regarding the instant apartment around October 15, 2009, and (c) from December 2009 to January 201, 2010, the apartment of this case was planned to be constructed between Young-do and Cheongra District where the instant apartment is located, and thus, the third-party land substitutional bridges will be linked to the apartment of this case during the period from December 2009 to January 2014, which is the first day of the sale of the instant apartment of this case, to support tolls for one year after the occupancy.

2) However, the third year of landing is not yet finalized by the construction plan.

C. The number of buyers of the apartment of this case, including the plaintiffs, filed a lawsuit related to the plaintiffs and progress 1) filed a lawsuit claiming the return of the sale price, etc. against the defendant and DC as a combination, which is the Incheon District Court 201Ga20696, 2012Gahap1296, 2012Gahap12296, 2012Gahap12418, 2012Gahap18102.