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(영문) 서울중앙지방법원 2012.05.17 2009가합147962
분양계약취소 등
Text

1. Of the instant lawsuit, the part of the Plaintiff B’s claim No. 2010Gahap45383 is dismissed in entirety.

2. The plaintiffs' primary reasons are as follows.

Reasons

1. Basic facts

A. The Defendant Korea Land Trust Co., Ltd. (hereinafter “Defendant Korea Land Trust”) newly constructed and sold the instant apartment (hereinafter “instant apartment”) with the total land size of KRW 79,533.40 square meters and the household number of KRW 1,022 on the land of Jung-gu Incheon Metropolitan City, Jung-gu C block E, F, and Glott, and H apartment (hereinafter “the instant apartment”). The Defendant Creta Construction Co., Ltd. (hereinafter “Defendant Creta Construction”) is a company that entrusted the land of the land of the land readjustment project district (hereinafter “instant project site”) to the Defendant Korea Land Trust, and the Defendant A Co., Ltd. (hereinafter “Defendant A”) is the constructor of the instant apartment. The Plaintiffs are the buyers of the instant apartment.

B. The project site of this case is the land corresponding to the land allotted by the authorities in recompense of development outlay among the land readjustment project district designated by Incheon Metropolitan City around July 1998, and the apartment of this case is the apartment house constructed in the apartment house site under the land readjustment project, which was implemented in accordance with the former Land Readjustment Project Act (the apartment house before it was repealed by the implementation

C A land readjustment project partnership entered into an execution agency contract with Defendant Creta Construction around September 17, 2004, and transferred the ownership of the instant project site to Defendant Creta Construction on December 29, 2004.

C. The Defendant Korea Land Trust Co., Ltd. obtained business approval for the instant apartment after receiving the instant project site from Defendant Creta Construction on or around August 2005, and opened the instant apartment house from November 9, 2006.

The Plaintiffs are annexed to the Defendant Korea Land Trust Co., Ltd.

5. As recorded, the sales contract for the instant apartment was concluded for the instant apartment (hereinafter “instant sales contract”).

Of the total 1,022 households of the instant apartment, the apartment that the Plaintiffs concluded with the Defendant Korea Land Trust Co., Ltd. for the instant sales contract is among 553 households.

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