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(영문) 서울고등법원 2017.01.12 2015나2062423
분양대금반환등
Text

1. Of the judgment of the first instance, the part concerning the Plaintiff (Counterclaim Defendant) among the judgment of the first instance is modified as follows.

Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. Defendant 1) Construction is a party’s position. Defendant Dosan Construction is a W apartment building with a scale of 1,680 households on the ground of 67,459.85 square meters on the land of Young-si in Incheon Metropolitan City, Young-gu, Young-gu, Young-gu, Incheon Metropolitan City (hereinafter “instant apartment building”).

(2) The Plaintiff, among the instant apartment buildings, was sold in lots at 107 Dong 1603.

3) Defendant Corporation is the Plaintiff’s Bank (hereinafter “Korea Bank”).

B) When receiving an intermediate payment loan from the above apartment, the payment guarantee against the plaintiff was given. B. The 2nd airport railway is constructed which connects the 3-in-land bridge and the Cheongra District to the 3-in-land bridge and the 3-in-land bridge and the Cheongra District, and the 4,257 major apartment complexes (YY) are planned to be implemented, such as Youngbrogwegs, the smuggling design commencement date, MGM’s mpid, the Yongsan-in Tourist Complex, the Yongsan-in Complex, the Round Industrial Complex, and the Mad City. The development project is planned to be implemented by many elementary and middle schools, and the central commercial area is formed, and the park is included. Small 1,680 households (V block), middle-in-type 1,287 households (X block), the major type 1,290 households (YY) and the total 4,257 apartment complexes (YY) are constructed.

On October 15, 2009, Defendant Masan Construction and Mami-si Construction had obtained approval from the Incheon Free Economic Zone Authority for the recruitment of occupants on October 15, 2009 and conducted the sales advertisement of the apartment of this case in large scale with each party or jointly around that time.

The outline of the above Defendants advertised the location conditions, etc. surrounding the apartment of this case through the pre-sale complex, car sloping, simultaneous sale book, Internet homepage, etc. is as follows.

C. The plaintiff's conclusion of sales contract and payment and occupancy.

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