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(영문) 인천지방법원 2015.09.22 2012가합12081
분양대금반환 등
Text

1. Defendant (Counterclaim Plaintiff) BB, Defendant BC Co., Ltd. jointly and severally against the Plaintiffs and the Plaintiff (Counterclaim Defendant).

Reasons

1. Determination as to the main claim

A. The Defendant BC is a contractor for a project to newly build and sell BE apartment units (hereinafter “instant apartment units”) on the ground of 67,459.85 square meters above the land of Young District in Incheon Metropolitan City, which is a multi-family housing with a scale of 1,680 square meters on the land of Young District in the free economic zone, and Defendant BB is the executor of the said project.

B) The Plaintiffs and the Plaintiff (Counterclaim) concluded a sales contract with Defendant BB on the instant apartment (hereinafter “instant sales contract”) (hereinafter the Plaintiffs and the Plaintiff (Counterclaim Plaintiff) and Defendant BB).

2) Defendant BB and BC obtained approval from the Incheon Free Economic Zone Authority (hereinafter “Economic Economic Authority”) on October 15, 2009, as well as Korea-style Housing Corporation, Dong Housing Construction Corporation, New Master Construction Company, Hyundai Construction Company, etc., which constructed apartment buildings after selling a housing site in the Young-gu District, and obtained approval for the invitation of occupants on October 15, 2009, respectively or jointly conducted the sale advertisement of the apartment of this case from around that time.

Defendant B and BC advertised on the location conditions, etc. surrounding the apartment of this case through the apartment complex, car sloping, simultaneous sale book, Internet homepage, etc. as follows: (a) the third-party land intersections between Young-do and Cheongra District, and the third-party land intersections between Young-do and Cheongra District, and the third-party land railways in Incheon Airport will be constructed, and the middle-party airport railway stations in Incheon Airport will be opened. (b) the development project will be implemented, such as Gobrowawawa, Tao Design City, MGMsteis, MGMsteis, Manbuk-Industrial Complex, and Madi.

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

C) Small 1,680 households (BD), medium 1,287 households (BF), serious 1,290 households (BG), apartment complex (BH) will be constructed. 3) Plaintiffs and Plaintiff (Counterclaims).

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