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(영문) 서울고등법원 2014.10.17 2013나65385
부당이득금 반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The status A Co., Ltd. (hereinafter referred to as “A”) is a construction company that constructed D apartment (including a total of 260 households and ancillary welfare facilities of the first floor and the fifth floor above the ground; hereinafter referred to as “instant apartment”) in the Incheon Free Economic Zone Cheongra zone (hereinafter referred to as “Cheongbu zone”) and was in progress on August 9, 2012 when the first instance court was decided to commence rehabilitation proceedings and appointed B as the representative director at the time of the commencement of the rehabilitation proceedings. The Defendant Seobu Construction Co., Ltd. (hereinafter referred to as “former Construction”) (hereinafter referred to as the “Defendant Seobu Construction”), as of August 9, 2012, the date of the decision to commence the rehabilitation proceedings against the Defendant Seobu Construction and A, and the Plaintiffs are entitled to purchase the instant apartment from the Defendants who acquired the status of each of the instant apartment units or the administrator of the instant sales contracts (hereinafter referred to as “the Defendants,” and the Defendants, as of August 9, 2012.

(hereinafter the first buyer and the first buyer are not specifically distinguished from those who have acquired the status of the sales contract). (b)

In around 202, the government established a master plan for the Cheongra District, etc., which includes the contents of the development of free economic zones centering on Incheon, Busan, and Gwangju. The Act on Designation and Management of Free Economic Zones was enacted by Act No. 6835 on December 30, 2002. The above Act provides for the designation and cancellation of free economic zones, the implementation of development projects of free economic zones, and support for the management activities of foreign-invested enterprises. 2) The apartment of this case is located.

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