손해배상(기)
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Defendant A Housing Reconstruction and Improvement Project Association (hereinafter “Defendant Association”) is the Housing Reconstruction and Improvement Project Association which obtained authorization for the establishment from the head of Jung-gu Seoul Metropolitan City (hereinafter “the head of Jung-gu”) in order to carry out the housing reconstruction project (hereinafter “instant project”) on the land outside Daegu-gu and 459 parcels.
Defendant AS Construction Co., Ltd. (hereinafter “Defendant AS Construction”) is the starting construction of the instant project.
The Plaintiffs are those who purchase an apartment building constructed pursuant to the instant project from the Defendant Cooperatives (hereinafter referred to as “instant apartment”) or those who acquire the right from the purchaser of the apartment building.
(A) The sales contract for the apartment of this case between the plaintiffs and the defendant association is for general buyers and for its members. (hereinafter "each sales contract of this case").
Around April 15, 2015, the Defendant Cooperative received authorization of completion of the instant project from the head of the Gu, and notified the Plaintiffs of the occupancy. From that time, the Plaintiffs paid the sale price in the case of general buyers to the deposit account designated by the Defendant pursuant to each of the instant sales contracts, and paid the contributions in the case of members, and moved into the instant apartment.
C. As above, on November 30, 2016, around 19 months from the date of notifying the Plaintiffs of the occupancy, the Defendant Cooperative’s general ownership preservation was completed in the name of the Defendant Cooperative in the case of the sale of the instant apartment, and in the case of the sale by the members of the association in the name of the relevant association.
The relevant provisions of each sales contract of this case are as follows.
1) The scheduled date of sale in lots and the scheduled date of occupancy for general buyers: April 2015 (if the sale in lots and the sale in lots are somewhat changed according to the construction schedule, then to individually notified) Article 1 (Supply Price and Payment Method) (1) The Defendant Union shall set the above indicated property: