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(영문) 서울고등법원 2014.08.29 2013나75030
분양대금반환등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The court's explanation of this case is the same as the part concerning the reasoning of the judgment of the court of first instance except for a new or additional part as follows. Thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Re-written portion 【No. 9 of the first instance judgment’s No. 11 was re-written as “A,” and LH Corporation’s notification to Cheongra International Business Co., Ltd. on April 4, 2013 that it would cancel a land sales contract, and the development project for international business has not been in full progress up to now.” The 17th conduct [based on recognition] added “each of the statements in the evidence No. 66 and 67 of the judgment.”

In the last place of the 17th judgment of the first instance court, the first instance court, and the third page of the 18th judgment, are followed as follows: “There are various harmful facilities as seen above in the facts surrounding the apartment of this case, and thus, the Defendants were obligated to notify this in accordance with the good faith principle, but the Defendants did not notify this in the advertisement of this case

Part 2 through 27 of the judgment of the first instance shall be deleted.

Parts 30, 11, 34, 13, and 13 of the judgment of the first instance shall be followed as follows:

5. Determination on the non-disclosure or concealment of hazardous facilities

(a) The facts of recognition are as follows: (a) four industrial complexes, such as light energy complexes, wood complexes, grupine complexes, and Incheon Western local industrial complexes, are located around the Cheongbu District; and there are the oil pipelines, the Korea Gas Corporation's interim supply bases, four chemical power plants, Cheongra metropolitan domestic waste incineration stations, non-sanitary waste disposal stations, and waste reclaiming land in the Seoul Metropolitan Area.

(2) The following facts may be acknowledged if Gap evidence Nos. 1, 23, 54-1, 55, and 55 Eul evidence Nos. 2 added to the purport of the whole pleadings.

(a) The notice for the invitation of occupants of the apartment of this case contains the following descriptions:

In advance, the project site is inside and outside of the project site.

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