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(영문) 인천지방법원 2015.09.22 2012가합9085
분양대금반환등
Text

1. Co., Ltd. (Counterclaim Plaintiff Co., Ltd.) and Defendant U.S. Construction Co., Ltd., jointly:

A. Plaintiff D: 10.0

Reasons

1. Determination as to the main claim

A. Basic facts 1) Defendant U.S. Construction is a new construction project that newly constructs and sells W apartment units with a scale of 1,680 square meters on the ground of 67,459.85 square meters on the land of Young-gu, Incheon Metropolitan City, Young-si, Young-si, Young-gu, Incheon Metropolitan City (hereinafter “instant apartment units”), and Defendant U.S. Construction is the executor of the said project.

B) If the plaintiffs and the designated parties (hereinafter “Plaintiffs”) are referred to as “the plaintiffs and the designated parties”, they refer to both the plaintiffs and the designated parties.

(2) As to the apartment of this case, the seller of this case directly entered into a sales contract with Defendant Dosan Construction or succeeded to the status of the buyer (hereinafter the Plaintiffs and Defendant Dosan Construction).

(C) Some Plaintiffs received a credit guarantee from the Defendant Corporation for the payment of intermediate payment pursuant to the instant sales contract, and received an intermediate payment loan from our bank.

(2) The apartment sales advertisement of this case between some plaintiffs and defendant Corporation (hereinafter referred to as the "this case's payment guarantee agreement") is as follows: Hanyang Co., Ltd., Ltd., Dongsan Housing Construction, New Master Construction Co., Ltd., Ltd., and Hyundai Construction Co., Ltd., Ltd. (hereinafter referred to as the "Economic Free Economic Zone Office") on October 15, 2009, when selling a housing site in Young-gu area and constructing apartment buildings.

(A) From around that time, the public announcement of the invitation of occupants was obtained, and the advertisement of the apartment of this case was conducted alternatively or jointly with each other. Around that time, the second airport railway is being constructed to link the third-party land landing intersections between Young-do and Cheongra District with the third-party land substitutions and Incheon land. The second airport railway is constructed to connect the third-party land substitutions between Young-do and Cheongdo District with the location conditions, etc. surrounding the apartment of this case through the apartment complex, the apartment complex, the car sloping road, the simultaneous sale of the apartment of this case, and the Internet homepage.

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