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(영문) 인천지방법원 2019.07.12 2018가합61740
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On June 23, 2017, the Defendant announced the supply announcement with respect to C (hereinafter “instant supply announcement”) and proceeded with the bidding procedure from July 3, 2017 to July 4, 2017.

B. The Plaintiffs participated in the tendering procedure according to the public notice of supply of this case and were selected as successful bidders, and they concluded a sales contract with the Defendant as listed below (hereinafter “instant sales contract,” and “the object of the instant sales contract,” respectively, and paid KRW 57,100,000 to the Defendant as the contract deposit as listed below according to the instant sales contract, and the Plaintiff A paid KRW 183,100,000 in total (= KRW 183,100,000) and KRW 183,00,000 in total (= KRW 183,00,000), respectively.

Plaintiff AD D D 743.8m2, Jul. 12, 2017, with a sale price (won) located in the size of 1,910,000,000 on Jul. 12, 2017, 2017, GF 744m2, Jul. 12, 2017, 1831,000,000 on July 1, 2017, 1831,100,000, HW 743.9m2 on July 1, 2017, 12, 830,000,0000,000,000 or 743.9m2 on July 1, 2017, Plaintiff B B 7439m20 on July 1, 200, 2008,000, 3008,008,000

C. The instant sales contract provides that “The instant supply notice posted at the Korea Land and Housing Corporation Subscription Center on June 23, 2017 shall have the effect of mutually supplementing the content of this contract, and the part of the site sales contract shall be added.

The phrase “1. Land to be supplied” in the notice of supply in this case states that the specific use area of each land in this case is Class 1 exclusive residential area, and the phrase “11. Consideration” states that prior to the application for supply, an applicant for the supply will always peruse and confirm the supply notice, Internet subscription terms and conditions, land sale contract, development plan and implementation plan (including the scheduled modification), district unit plan (including the scheduled modification), various impact assessment (including environmental, traffic, disaster), related drawings, building regulations, and major contract terms and conditions.

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