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(영문) 서울고등법원 2014.08.29 2013나74464
부당이득금반환등
Text

1. The appeal of the plaintiffs and the plaintiff C's successor and the compensation for damages caused by the failure to notify harmful facilities.

Reasons

1. Basic facts

A. Status 1) The land trust company against the Defendant (hereinafter “Defendant’s land trust”)

) The Seo-gu Incheon Western apartment D (hereinafter referred to as the “instant apartment”).

(2) Defendant Spanco Construction Co., Ltd. (hereinafter referred to as “Defendant Spanco Construction”)

The apartment of this case is the construction work of the apartment of this case, and the plaintiffs are the parties to the sales contract for the apartment of this case between the defendant's land trust and the sale contract for the apartment of this case.

The parties who have acquired the status of the parcelling-out contract from the buyers or the initial buyers (hereinafter referred to as the "first buyers") without specifically distinguishing them from those who have acquired the status of the parcelling-out contract from the initial buyers and the initial buyers.

(2) On November 15, 2012, the date of the instant lawsuit, Plaintiff Y and Plaintiff Y entered into a sales contract with the land trust with the Defendant for the instant apartment building Nos. 2803, 4601, and Plaintiff Y acquired the status as a buyer under the said sales contract from Plaintiff Y (Withdrawal) and Plaintiff Y retired from the instant lawsuit.

3) On March 22, 2013, after the filing of the instant lawsuit, Plaintiff C succeeded to the instant case on March 22, 2013, which was the first buyer of the instant apartment building 2801 Dong 4901, and received 1/2 of the rights and duties pursuant to the sales contract from Plaintiff C and participated in the instant case (hereinafter collectively referred to as “the Plaintiffs and Plaintiff C’s succeeding intervenors”).

B. B. Around 2002, the government established a master plan for the East-dong business-centered country including the content of the development of free economic zones centered on the Incheon, Busan, and Gwangjuyang. The Act on Designation and Management of Free Economic Zones was enacted on December 30, 2002, and the Act was enacted on December 30, 2002, and the designation and cancellation of free economic zones and the implementation of free economic zone development projects.

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