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(영문) 서울고등법원 2014.10.16 2013나26113
부당이득반환 등
Text

1. All appeals by the plaintiff (including the intervenor and the successor) are dismissed.

2. The appeal costs.

Reasons

1. Basic facts

A. The status of the parties concerned Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation merged with the defendant on October 1, 2009; hereinafter the same applies) is a company that constructed and sold an apartment building A25 B/L in Incheon Cheongbu District (hereinafter “the apartment building of this case”). The plaintiffs are the parties who inherited or acquired the status of the sales contract of this case with the defendant on May 2009 through June 6, 2009 (hereinafter “the sales contract of this case”) from the buyers or the initial buyers of the sales contract of this case (hereinafter “the sales contract of this case”).

[GV, the litigation of the net GU, died on December 18, 2012 during the process of the instant lawsuit, inherited the status of the deceased as the purchaser of the instant lawsuit through the agreement on division of inherited property, and took over the instant lawsuit by the deceased. The succeeding intervenor, G, H, I, J, L, L, and M succeeded to the instant lawsuit after taking over 50% of the shares of the relevant household under the sales contract of each of the instant case from Plaintiff N, T, U,V,W, W, Y, and Z. The Plaintiff’s successor and the succeeding intervenor all were “Plaintiff”). Meanwhile, the fact that the sales contract was cancelled between Plaintiff Q and the Defendant does not conflict between the parties.

B. Around 2002, the development plan, etc. of the Cheongra District, etc. was formulated by the government around 1st, 2002, including the content of creating the free economic zone centering on Incheon, Busan, and Gwangju. On December 30, 2002, the Act on Designation and Management of Free Economic Zones was enacted by Act No. 6835, Dec. 30, 2002. The said Act provides for the designation and cancellation of the designation of free economic zones, the implementation of development projects of free economic zones, and support for business activities

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