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(영문) 서울중앙지방법원 2016.05.11 2015가합531179
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 3, and Eul evidence 5 to 15:

1) Status of the parties 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

) The company is a company that newly constructs and sells D apartment units, which are multi-family housing with a scale of 1,287 households, on the ground of the land of the Incheon Metropolitan City, in the field of the free economic zone, and the Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant

A) Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a land development trust contract with Defendant A and entrusted with the implementation of the said project. (2) The executor of the project that newly constructs and sells D apartment units, which are multi-family housing with 1,680 households, on the ground of the Young-gu Incheon Metropolitan City Young-gu Incheon Metropolitan City (hereinafter “instant apartment units”), which are multi-family housing with 1,680 households, (hereinafter “instant apartment units”).

3) Each Plaintiffs listed in the separate sheet No. 2-1 are the parties to the sales contract for the instant apartment between the Defendant Korea Asset Trust and the Defendant Korea Asset Trust, or the parties to the sales contract from the initial buyer or from the initial buyer. 4) Each Plaintiffs listed in the separate sheet No. 2-2 list are the parties to the sales contract for the instant apartment with the Defendant B or the parties to the sales contract from the initial buyer.

(hereinafter) The sales contract between the plaintiffs and the defendant Korea Asset Trust, A or B is called the "sale contract of this case".

1) The parties to the instant apartment sales contract, including the Plaintiffs, filed a lawsuit against the Defendants, in sequence from around 2012, claiming that a considerable of the advertising contents at the time of the instant sales contract had not been fulfilled, such as a claim for refund of the sales price for the reasons of cancellation or cancellation, etc. of the instant sales contract. 2) Meanwhile, the instant contract was filed.

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