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(영문) 서울고등법원 2016.04.22 2015나2059434

1. The part of the first instance judgment against the Defendants shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.


1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the arguments in Gap's evidence Nos. 3, 4, 5, 7-7, 6-1, 2, 7-1 through 13, 8, 11, 12, 13, 5 Eul's evidence No. 9-1, 10, 10-1, 10-2, 5, 7-1, 7-2, 8, 11, 12, 13, 5 Eul's evidence No. 9-1, 10-2.

1) Defendant U.S. Construction Co., Ltd. (hereinafter “Defendant U.S. Construction”)

2) On the ground of 67,459.85 square meters in Incheon Metropolitan City, H apartment (hereinafter “instant apartment”) which is a multi-family housing with a scale of 1,680 square meters on the ground of the Fable Zone Gable block of Incheon Metropolitan City.

(2) The construction of the new construction project is the commencement of the construction project and the construction of the defendant corporation (hereinafter referred to as the "the construction of the defendant corporation").

(2) The Plaintiff is a person who has concluded a sales contract with Defendant Dosan Construction for the instant apartment.

B. On October 15, 2009, the Defendants: (a) obtained approval from the Incheon Free Economic Zone Authority to publicly announce the invitation of occupants on October 15, 2009; (b) respectively or jointly conducted the sales advertisement of the instant apartment from around that time, with the Hanyang Co., Ltd., Ltd., the apartment site of the instant case was constructed by selling the housing site of the relevant district and constructed the apartment site; and (c) thereafter, (d) the said Defendants

The outline which the Defendants advertised the location conditions, etc. of the surrounding apartment of this case through the pre-sale complex, car sloping, simultaneous multi-sale tenant, Internet homepage, etc. is as follows.

1) The second airport railway is constructed which connects J and Yong-do and K Station as well as Yong-do and K Station, and the second airport railway will be opened in Incheon AirportF Station. 2) The implementation of the development project, such as L, M, N,O, P, Q, is scheduled.

Elementary, middle and high schools are scheduled to enter a majority, a central commercial district is formed, and a park is established.

3) Small 1,680 households (G block), medium 1,287 households (R block), serious 1,290 households (S block total 4,257 households).