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(영문) 인천지방법원 2014.10.24 2013가합5158
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 9, 2007, the Defendant (formerly named Incheon Metropolitan City Development Corporation) is the seller of the apartment of Yeonsu-gu Incheon Metropolitan City (hereinafter “instant apartment”) and the Plaintiff A entered into a contract with the Defendant to purchase the instant apartment of KRW 407 Dong 1201 and KRW 584,600,000 from the Defendant on the same day, and the Plaintiff B entered into a contract with the Defendant to purchase the instant apartment of KRW 406 Dong 1201 and KRW 578,800,000 from the Defendant on the same day (hereinafter “each contract of this case”).

B. On the date of the contract, Plaintiff A paid the first down payment, the second down payment on February 12, 2007, the first part payment on July 12, 2007, the second part payment on December 12, 2007, the second part payment on May 13, 2008, the third part payment on October 13, 2008, the fourth part payment on October 13, 2008, the fifth part payment on March 12, 2009, the second part payment on August 12, 207, the third part payment on August 12, 2008, the third part payment on August 16, 200, and the third part payment on August 12, 2009, the remainder on March 11, 2010, and the first part payment on March 11, 2017, the second part payment on July 21, 2017, respectively.

C. Around February 2006, the instant apartment complex applied for approval of a project plan with ten apartment units and 12 to 522 households with height of 12 to 15. Around October 2006, the instant apartment complex filed an application for approval for alteration of a project plan by comprehensively modifying the project plan with a total of 8 units of apartment units and 10 to 309 units with height of 10 to 509 units. According to the above alteration of the project plan, unlike the initial ones, the first underground floor (theme story) was newly built in 406 to 407 units, but the area of the said me story was also included in the total area of the ground floor.

The apartment of this case 407, 1201 (hereinafter “1 apartment”) is "407, 107, 407, 101, and 407, 101, and apartment of this case."

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