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(영문) 서울고등법원 2014.12.11 2013나69271
부당이득금반환 등
Text

1. All appeals by the plaintiffs and the succeeding intervenors BY are dismissed.

2. The appeal cost is the plaintiffs and plaintiffs.

Reasons

1. Basic facts

A. The status of the parties, Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”) is the implementer of the new apartment building project in Seo-gu Incheon Metropolitan City Cheongbu Economic Zone (hereinafter “Cheongbu District”) (hereinafter “instant apartment building”), and the Defendant Dongmun Construction Co., Ltd. (hereinafter “Defendant Dongmun Construction”) is the contractor.

From November 2009 to December 2009, the Plaintiffs entered into a contract for the purchase of the instant apartment from Defendant International Asset Trust (hereinafter “instant sales contract”). Plaintiff BX’s succeeding intervenor succeeded to the rights and obligations by taking over the sales right from Plaintiff BX’s succeeding intervenor, and Plaintiff AR transferred the sales right of 1/2 shares to the CA, and the CA voluntarily withdrawn the application for the succession after having succeeded to the succession.

(hereinafter referred to as the plaintiffs and the plaintiff BX's successor intervenors BY). B.

Around 2002, the government established a master plan for the East-do business-centered state with the focus on the Incheon, Busan, and Gwangju, and enacted the Act on Designation and Management of Free Economic Zones by Act No. 6835 on December 30, 2002. The above Act provides for the designation of free economic zones, cancellation of designation, implementation of development projects of free economic zones, support for business activities of foreign-invested enterprises, etc. (2) The Cheongbu District in which the apartment complex of this case is located is located refers to the area of approximately 18 m2 in Seo-dong, Seo-gu, Incheon, Seo-dong, Changdong, Changdong, and Seo-dong, Dong-dong, which was designated as the Incheon Free Economic Zone by the Ministry of Finance and Economy No. 2003-19 of Aug. 11, 2003 as the Incheon Free Economic Zone.

The public announcement is a major industrial inducement plan for the Cheongra District, such as the creation of an international business zone for the Cheongra District, the development of knowledge and information industrial complexes, and a wide-area road network plan ( Expressway, third landing bridge, airport railway), a population accommodation plan, and a residential facility development plan.

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