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(영문) 서울고등법원 2015.01.07 2013나2026058
부당이득금반환 등
Text

1. All appeals filed by the plaintiffs and the succeeding intervenors B are dismissed.

2. The appeal cost is the plaintiffs and plaintiffs.

Reasons

1. Facts of recognition;

A. The status of the parties 1) Defendant AM Construction Co., Ltd. (hereinafter “Defendant AM Construction”)

) The Seo-gu Incheon Cheongra Free Economic Zone (hereinafter referred to as “Cheongra District”) is called the “Cheongra District”).

3) Ebable 10 Ebrof apartment units, 1172 households (hereinafter “instant apartment”).

2) The construction project implementer of the new construction project is the Defendant Hanhwa Construction Co., Ltd. (hereinafter referred to as “Defendant Hanhwa Construction”).

(2) The Plaintiffs and the Plaintiff’s succeeding Intervenor B are those who signed a sales contract on the apartment buildings listed in the Plaintiffs’ list, column, and column (hereinafter “instant sales contract”) among the instant apartment buildings from May 2009 to June 2009, or those who directly or successively acquired all or part of the rights and obligations under the sales contract from the initial buyer.

(The Plaintiffs indicated in the remarks column of the list of the Plaintiffs are buyers of the sale contract. The Plaintiffs indicated in the remarks column of the same list as the assignee of rights and obligations under the sale contract; hereinafter the Plaintiffs and the above Plaintiff’s successors are all “Plaintiffs”; 3) Plaintiff 11. H, 18. J, 43. N, 82. P, 101. R, 130. U, 134.V, X, 149. X, X, 154.Y from October 201 to July 2012, the Government reserved the Plaintiff’s rights and obligations under this case’s basic plan on the sale contract to the Plaintiff and the Plaintiff’s successors to the Plaintiff’s free economic zone, and transferred the Plaintiff’s rights and obligations under the Agreement to the Plaintiff’s 200.1.4.0 of the sale contract to the Plaintiff and the Plaintiff’s heir of the Seoul Free Economic Zone.

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