1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiff A, C, D, H, J, L, M, which was finally added by this Court to the second preliminary addition.

1. The court's explanation on this part of the basic facts is the same as the part concerning the plaintiffs among the corresponding part of the reasoning of the judgment of the court of first instance, and therefore, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. Determination as to the primary claim of the plaintiffs listed in the separate sheet Nos. 1 to 3 (excluding the co-Plaintiff B, F, I, N, U, Z, AJ, Q, AR, AS, ATS, and BF in the first instance trial)

A. 1) The Defendant (Korean Housing Guarantee Co., Ltd.) succeeded to the status of the sales contract of this case by determining the method of performing the guarantee performance of the instant apartment sale guarantee contract as the sale performance. However, the Defendant failed to perform theme and specialization project of this case, which is the main contents of the instant sales contract, and the purpose of the initial sales contract cannot be achieved due to the defect of the non-construction and erroneous construction. Thus, the Plaintiffs’ cancellation of the sales contract of this case through the delivery of the duplicate of the complaint of this case. 2) among the Plaintiffs, Plaintiff A, C, H, H, Y, Y, Y, AB, AE, AE, AG, AL, and N among the Plaintiffs, agreed to cancel the sales contract of this case for three to one year.

However, since the above plaintiffs failed to move into the apartment of this case from August 2009, which was the scheduled date for initial sale of the apartment of this case, to the present apartment, the plaintiffs expressed their intention to cancel all the sales contract of this case by delivering a copy of the complaint to the defendant who acquired the status of the purchaser of this case under the above special agreement.

3. Even if not, the sales guarantee contract of this case is a non-life insurance with the content that the defendant, who is the insured, takes over the damages suffered by the plaintiffs due to the non-performance of the obligation under the state contract of Korea-U.S. as the policyholder, and is practically aimed at the same effect as the