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(영문) 서울고등법원 2015.04.16 2014나2015826
분양대금반환 등
Text

1. All appeals filed by the Plaintiff (Appointed Party) and the primary claims extended from the trial court and the additional preliminary claims are filed.

Reasons

1. Basic facts

A. The head of the Defendant, the head of Mapo-gu Seoul Metropolitan Government (the head of the Defendant), changed the urban planning of a zone for the housing site development project of DM on around 2002, according to the plan to create an information media industrial complex in the name of "digital media market" on the land of 569,742 square meters of land in Mapo-gu Seoul Metropolitan Government, 200, which was established in May 3, 200, and published the supply of DM land through the Seoul Metropolitan Government Urban Development Corporation on May 16, 2002.

B. The J (hereinafter “J”) applied for the supply of the DM business site when it intends to establish a “K” in the DM in which the German universities and research institutes participate. The Defendant selected J as a supply recipient and sold DM’s “L” business site on April 15, 2003 and its business site on April 30, 2004 and “M” and “N” business site, respectively.

(hereinafter “instant supply contract”). C.

J around May 4, 2004, around 2004, the first complex and the second complex building (hereinafter collectively referred to as "the building of this case") to be newly constructed for the above M and N were approved by the public announcement of the invitation of occupants and started the recruitment of occupants around that time.

On June 14, 2004, the Plaintiff (Appointed Party) and the Appointor (hereinafter the Plaintiff) concluded each sales contract on the following objects among the commercial buildings in the instant building (hereinafter the “instant commercial buildings”).

(hereinafter collectively referred to as the “instant sales contract”). The supply value (won) of the object of sale as of June 14, 2004 as of the contract date 1 I 1, 204 Weight-6,610,000 H 2H June 14, 2004 T 750,940,000

D. Around August 2007, J completed the construction of the instant building and obtained approval for use, but failed to establish the K Complex as scheduled thereafter, and on October 18, 2010, J was declared bankrupt.

[Reasons for Recognition] contain facts without dispute, evidence Nos. 3, 4, 5, 18, and 3, 4, 5, and 18.

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