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(영문) 서울고등법원 2015.02.03 2013나62553
부당이득금 반환 등
Text

All appeals by the plaintiffs and the plaintiff succeeding intervenor are dismissed.

The costs of appeal are assessed against the Plaintiffs and the succeeding intervenors.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the case where the Defendants and the Defendants and the succeeding intervenors (hereinafter collectively referred to as “Plaintiffs”) who entered into a sales contract for the KS apartment in the Incheon Free Economic Zone Cheongbu District (hereinafter “Cheongbu District”) and the Defendants (hereinafter collectively referred to as “the Plaintiffs”) seek payment of part of the consolation money (one million won) due to the Defendants’ violation of the Act on Fair Labeling and Advertising (hereinafter “Indication Advertising Act”) or the duty of disclosure under the good faith principle.

The first instance court dismissed all of the plaintiffs' claims against the defendants on the ground that the defendants violated the Act on the Labeling and Advertising, or did not violate the duty of disclosure under the good faith principle. The plaintiffs appealed against this, and the plaintiff CO and EM withdrawn each of the lawsuits in this Court.

B. Presumed factual basis 1) The status of the party to the instant case construction company (hereinafter “Defendant SK construction”)

) The Seo-gu Incheon Metropolitan City Cheongbu District (hereinafter referred to as the “Cheongbu District”) located in approximately 18 m2m2 in Seo-gu, Seo-gu, Changdong, Changwon-dong, Seohee-dong, Incheon.

) An apartment apartment (SKVEW) in the A31 block consisting of the two underground floors, nine apartment units on the ground 30 stories, nine units on the ground, and ancillary and welfare facilities.

hereinafter referred to as “the apartment of this case”

(2) The Defendant K non-real estate trust is an apartment development project implementer of the instant apartment development project, and the Plaintiffs are the parties to the instant apartment purchase contract with the Defendants (hereinafter “instant sales contract”).

2) On January 14, 2002, the government issued a basic plan for fostering the North Korean business-centered country on January 14, 2002, and then around April 4, 2002, focusing on Incheon, Busan, and Gwangju.

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