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(영문) 서울고등법원 2013.12.12 2013나23725
분양대금반환 등
Text

1. The part of the conjunctive claim in the judgment of the court of first instance against the Defendants shall be revoked, and its revocation shall be revoked.

Reasons

Basic Facts

Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”), including the status of the parties, is a contractor and a contractor of a new construction and sale of C apartment (hereinafter referred to as “instant apartment”) on the ground of 3,836.524 square meters of land of the Incheon Metropolitan City (hereinafter referred to as “Yancheon-si”), which is a multi-family housing of 1,002 households, on the ground of 33,836.524 square meters of the land of the free economic zone (hereinafter referred to as “Yancheon-si”), and the Defendant Korea Land Trust Co., Ltd. (hereinafter referred to as “Defendant Land Trust”) is a trustee entrusted by the Defendant A

The Plaintiffs directly enter into a contract for the sale with the Defendant’s land trust on the instant apartment, or succeed to the status of the buyer from the existing buyer.

(hereinafter referred to as the "sale contract in this case" between the initial buyer and the defendant's land trust. Under the location condition of the apartment site in this case, the Young District BB block, which is the 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.

On August 11, 2003, the daily price of 138 KNK was designated as the Incheon Free Economic Zone by the Ministry of Finance and Economy No. 2003-19 on August 11, 2003, and with respect to development projects implemented in the Incheon Free Economic Zone, the Incheon City City General Project Operator, the Incheon City Urban Development Corporation (the name was changed to the Incheon Urban Development Corporation; hereinafter referred to as the "Do Urban Development Corporation") and the Korea Land Corporation, a contracting party to the Korea Land Corporation.

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