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(영문) 인천지방법원 2015.10.02 2012가합11279
분양대금반환 등
Text

1. The plaintiff (Counterclaim defendant)'s primary claim is all dismissed.

2. The Defendant (Counterclaim Plaintiff) and the Defendants are the Defendants.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) and Defendant E Co., Ltd. (hereinafter “Defendant E”) are co-owners of G apartment units (hereinafter “instant apartment units”) with a scale of 1,287 square meters on the ground of 65,758.9450 square meters on the land of Young-gu Incheon Metropolitan City, Young-gu, Seoul Free Economic Zone (hereinafter “instant apartment units”), and they are co-owners of G apartment units with a scale of 1,287 square meters. The construction of a comprehensive apartment unit (hereinafter “Defendant pre-construction”) is a person who entrusted Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant Korea Asset Trust”) with the execution of the instant new apartment units and the sale of the apartment units. The Plaintiffs are co-owners of the instant apartment units.

B. Under the location condition of the apartment site of this case, Fable block, which is the apartment site of this case, is located near the Dong-do, which is an island located in Jung-gu, Incheon.

Young-do west-do is located in and around Incheon International Airport, and an airport new city is developed around it.

In November 200, the Young Gyeong-do, which combines Young-do and Seo-gu, Seo-gu, Incheon, was opened to November 200, and the airport railway was opened in March 2007, and the Incheon Gyeong-do, which combine Young-do and Seo-gu, was opened in October 2009.

C. On October 15, 2009, the Defendants published the invitation of occupants from the Incheon Free Economic Zone Authority to the public on October 15, 2009, as well as Hanyang-yang Co., Ltd., Ltd., where apartment buildings were constructed by being sold in lots in the Young-gu Housing Site, the Defendants published the invitation of occupants by the Incheon Free Economic Zone Authority, and used the advertisement of selling the apartment of this case on a large scale from that time to time.

The defendants advertised the location conditions, etc. surrounding the apartment of this case through each car sloping, each Internet homepage, education materials related to the sale of the apartment of this case as follows.

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