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(영문) 서울고등법원 2014.07.10 2013나23688
분양대금반환
Text

1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

Basic Facts

The Defendant, such as the status of the parties, is a contractor and a contractor of a business that newly constructs and sells a P apartment (hereinafter “instant apartment”) with a scale of 1,628 square meters on the ground of 02,182,593 square meters above the land of the Incheon Metropolitan City (hereinafter referred to as “Yancheon-si”) land of the free economic zone of Incheon Metropolitan City (hereinafter referred to as “Yancheon-si”), and the Plaintiffs directly enter into a sales contract with the Defendant for the instant apartment or succeed to the status of the buyer from the existing buyer.

(B) The sales contract between the initial buyer and the defendant of the apartment in this case is called the "sale contract in this case". Under the location condition of the site of the apartment in this case, the Young DistrictO, which is the site of the apartment in this case, is located in the east of Young-do, an island located in Jung-gu, Incheon.

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

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

Until the sale of the apartment of this case, the 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, and the development project implemented in the Incheon Free Economic Zone was designated as the general implementer of the Incheon City, the Incheon Urban Development Corporation (the name was changed to the Incheon Urban Development Corporation; hereinafter the same shall apply) and the Korea Land and Housing Corporation (the Korea Land and Housing Corporation is dissolved according to the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation comprehensively succeeded to the rights and obligations thereof on October 1, 2009, pursuant to Article 8 of the Addenda of the same Act; hereinafter referred to as the “public land”).

The Do Opening and the airspace shall be Young-gu.

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