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All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant as a housing association is the supplier of the “commercial building in privatecheon-si J-si and I District Housing Association apartment complex” (hereinafter “instant commercial building”), and the Plaintiffs are several buyers who entered into a supply contract with the Defendant for the instant commercial building.
The contractor’s (Plaintiff’s Name) amount paid for the contracted commercial buildings of KRW 159,248,34 (one third equity), Category B N No, 159,248,33 won (one third equity), Category CO, P, Q No 388,630,00 won (DR), Category 217,415,00 won T, U, V No. 392,445,00 won F WW, Xho, 5,000 won, 517,445,00 G AA, 248,33 won (one third equity), and HB No. 130,815,00 won (one third equity)
B. From the beginning of the beginning of 2017, the promotion committee of the Defendant’s general network (tentative name) regional housing association: (a) from the first day of 2017, “K” recruited buyers by publicly announcing the sale of a regional housing association, apartment, and commercial buildings in the apartment complex; (b) around July 2017, the Plaintiffs entered into a sales contract with the said promotion committee and the said apartment complex (hereinafter “first contract”); and (c) paid the down payment and the first intermediate payment for each contracted commercial building as indicated below.
C. On the other hand, the Defendant entered into a commercial building supply agreement with the Plaintiffs on June 15, 2018 (hereinafter “instant commercial building supply agreement”) based on the first contract, after obtaining the authorization for the establishment of a housing association from the private market on November 14, 2017 and the approval for the housing construction project plan on March 22, 2018.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 7 and images, and the court's order to submit taxation information and replys to the truth of this court, the purport of the whole pleadings
2. The assertion and judgment
A. In the process of concluding the instant commercial building supply contract with the Defendant, the Plaintiffs asserted that they paid the money as down payment and the first intermediate payment to the Defendant side. The Defendant recruited the buyers of the instant commercial building on December 2, 2017, and the time of starting construction of the Defendant’s regional housing association when recruiting the buyers of the instant commercial building.