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(영문) 서울고등법원 2015.10.15 2015나16141
분양대금반환
Text

1. The following amount among the part against the plaintiff in the judgment of the court of first instance is equivalent to the amount ordered to be paid.

Reasons

Facts of recognition

The Defendant, such as the status of the parties and the conclusion of the instant sales contract, is an executor of the business that newly constructs and sells P apartment units (hereinafter referred to as “the instant apartment unit”) on the ground of 072,182.593m2 on the land of the Young-si in Incheon Metropolitan City (hereinafter referred to as “Yancheon-si”), which is a multi-family housing with a scale of 1,628m2 on the land of the Sejong Metropolitan City (hereinafter referred to as “Yan

On November 6, 2009, the Plaintiff concluded a sales contract with the Defendant to sell 331,540,000 square meters of the apartment of this case to the sale price of 101,2202 111.965 square meters of the apartment of this case (hereinafter “sale price of this case”).

The Young-gu DistrictO, which is the site of the apartment of this case, has been located in the Dong-do, which is an island located in Jung-gu Incheon Metropolitan City before the site location conditions and sale of the apartment of this case.

In the West-do, there is a Incheon International Airport, and around it, an airport new city is created.

In November 200, the Youngdae-si connecting Yong-do and Seo-gu, Incheon, was opened in November 200, the airport railway in the section connecting the Incheon International Airport and Kimpo Airport was opened in March 2007, and in October 2009, the Incheon Seo-gu, Incheon, which linked the Young-do and the Incheon Seo-do International New City was opened in October 2009.

The daily price of 138 m2 in Yong-do was designated as the Incheon Free Economic Zone by the Ministry of Finance and Economy No. 2003-19 of August 11, 2003 along with the notification of the Ministry of Finance and Economy, and with respect to the development projects implemented in the Incheon Free Economic Zone, the Incheon City Mayor is the general project executor, the Incheon Urban Development Corporation (the name was changed thereafter to the Incheon Urban Development Corporation; hereinafter the same shall apply) and the Korea Land and Housing Corporation was enacted on May 22, 2009 by Act No. 9706 of May 22, 2009, the Korea Land and Housing Corporation and the Korea Land and Housing Corporation shall be deemed dissolved by Article 7 of the Addenda, and the Korea Land and Housing Corporation shall be deemed dissolved by the Korea Land and Housing Corporation and the Korea Land and Housing Corporation on October 1, 2009 pursuant to Articles 1 and 8 (1) of Addenda

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