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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The status of the parties is the reconstruction association established pursuant to the former Housing Construction Promotion Act (amended by Act No. 6916 of May 29, 2003) for the purpose of rebuilding K apartment constructed on the ground of two lots outside Gangnam-gu Seoul, Seoul, and the fact that the plaintiffs are the members of the defendant is no dispute between the parties.
2. Determination as to the cause of action
A. 1) The ground for the plaintiffs' claim 1) although the plaintiffs filed a lawful application for the sale of the newly-built apartment (hereinafter "newly-built apartment") to the defendant, the defendant set and allocated the same use of the newly-built apartment under the premise that the plaintiffs did not file an application for parcelling-out, and it is impossible for the defendant to properly draw and allocate the same use. In the event that the plaintiffs duly draw the same use of the newly-built apartment in this case, the plaintiffs suffered damages equivalent to the difference between the apartment that the plaintiffs are entitled to allocation and the apartment that the plaintiffs currently allocated, and thus, the defendant is obligated to compensate for the damages suffered by the plaintiffs, as stated in the purport of the claim. 2) The plaintiff additionally claimed that the ground for the claim was stated in the first complaint as stated in paragraph 1, but added the following grounds for the claim through the preparatory brief dated May 28, 2015.
In this regard, the defendant asserts that the addition of the above cause of claim is not identical to the basis of the claim, but should not be denied because it is based on the purpose of delaying the lawsuit.
(1) The Defendant decided at the general meeting to pay KRW 10 million to the members who received the allocation of the same North Korea unit among the newly constructed apartment units of this case, and the Plaintiffs were allocated to the same North Korea unit. Accordingly, the Defendant is obligated to pay KRW 10 million to each of the Plaintiffs according to the above resolution.
See The plaintiffs are Seoul Central District Court Decision 2007Kahap1249 dated August 29, 2007.