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(영문) 서울고등법원 2014.01.29 2013나23763
분양대금반환 등
Text

1.The judgment of the first instance, including any claims expanded in the trial and any additional counterclaim claims, shall be modified as follows:

Reasons

Basic Facts

The defendant Hanyang Co., Ltd. (hereinafter referred to as "the defendant Hanyang"), such as the status of the party concerned, is a construction contractor for the new construction and sale of K apartment (hereinafter referred to as "the apartment of this case"), which is a multi-family housing of 12 units and of 1,304 square meters on the ground of J 52,672,00 square meters in Yong-si in Yong-si in Incheon Metropolitan City (hereinafter referred to as " Mancheon-si"), Young-si in the Yong-si Free Economic Zone (hereinafter referred to as "Macheon-si"), which is a multi-family housing of 12 units and 1,304 square meters in Dong-dong, and the defendant Amerro World Investment Development Co., Ltd. (hereinafter referred to as "the defendant's assets trust") is a trustee entrusted with the construction of the apartment of this case

The Plaintiffs directly enter into the instant apartment trust with the Defendant’s asset trust or the sales contract, or succeed to the status of the buyer from the existing buyer.

(hereinafter referred to as "sale contract in this case" between the initial buyer and the defendant's asset trust. Under the location condition of the site of the apartment site of this case, the Young-gu J is located in the east of Young-do, an island located in Jung-gu, Incheon.

In the West-do, there is a Incheon International Airport and around it, an airport new city is created.

On November 200, 200, the Youngdae-gu connecting Young-do and Seo-gu, Incheon, and the airport railway in the section connecting the Incheon International Airport and the Kimpo Airport was opened on March 2007, and the Incheon Seo-gu, Incheon, which combines the Young-do and the Incheon Seo-do International New City, was opened on October 2009.

The daily price of 138 m2 in Young-do and Young-do prior to the sale of the apartment of this case was designated as the Incheon Free Economic Zone by the Ministry of Finance and Economy No. 2003-19 of August 11, 2003, and with respect to development projects implemented within the Incheon Free Economic Zone, the Incheon City-si General Project Operator and the Incheon Urban Development Corporation (hereinafter “Do Urban Development Corporation”).

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