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(영문) 서울고등법원 2015.01.15 2013나25875
부당이득금 반환 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The defendant is a company that constructed and sold apartment B (including six apartment units, 263 households, and ancillary welfare facilities; hereinafter "the apartment of this case") in the Incheon Free Economic Zone Cheongra zone (hereinafter "Cheongra zone"), and the plaintiffs are the people who purchase each household of the apartment of this case from the defendant as shown in the attached list.

B. (1) Around 2002, the government established a master plan for the business-oriented country of the East Asia, including the contents of the development of a free economic zone centering on Incheon, Busan, and Gwangju, and on December 30, 2002, the Act on Designation and Management of Free Economic Zones was enacted by Act No. 6835 on December 30, 2002. The above Act stipulates for the designation and cancellation of designation of free economic zones, the implementation of development projects of free economic zones, support for business activities of foreign-invested companies, etc.

(2) The Cheongbu District where the apartment of this case is located refers to the area of about 18 m2m2 in Seo-gu, Seo-gu, Incheon, which was designated as the Incheon Free Economic Zone, Seo-gu, Seogdong, Changdong, and Seohee-dong, Incheon, as an announcement of the Ministry of Finance and Economy No. 2003-19 on August 11, 2003.

The above notice included major industrial inducement plans, such as the creation of an international business zone in the Cheongra District and the development of knowledge and information industrial complexes, and metropolitan road network plans ( Expressway, third land landing schools, airport railroads), population accommodation plans, and residential facilities development plans, etc. The Incheon Metropolitan City (hereinafter referred to as the “In Mancheon-si”), the Korea Land and Housing Corporation (hereinafter referred to as the “LH Corporation”) and the Korea Rural Community Corporation (hereinafter referred to as the “Korea Housing Corporation”) were merged with the Korea Housing Corporation on October 1, 2009, and designated the Korea Land and Housing Corporation as joint project implementers, and implemented the above development project (hereinafter referred to as the “instant development project”).

On the other hand, Incheon City Free Economic Zone Authority.

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