분양대금반환청구
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
The Defendant G reconstruction Project Association (hereinafter “Defendant Association”) that entered into a general implementation agency contract is a project implementer that implements the new construction of “N” commercial buildings (hereinafter “instant commercial buildings”) at Q 4,144.3 square meters in Jung-gu Seoul Metropolitan Government, Q 4,144.3 square meters, which are the land for the main market in Dongdaemun-gu O market and P market.
On September 12, 2002, the Defendant Logn&C Co., Ltd. (hereinafter “Defendant Company”) entered into an enforcement agency agreement with the Defendant Union to acquire the right of lease of the commercial building of this case and sell it in lots. On December 28, 2002, the Defendant Company entered into an overall enforcement contract with the following contents in order to specify the above agreement:
(1) The defendant union shall regularly check whether the defendant company is promoting its business smoothly in accordance with the provisions of paragraph (5) of Article 5 of the General Execution Agency Contract (Rights and Duties of the Association), and the defendant company shall provide the inspection data, etc. requested by the defendant union in good faith.
Article 6 (Scope, etc. of Agency Business for Implementation) (1) Pursuant to Article 5 (2) of the articles of association of the association, the defendant company shall perform the following duties with delegation from the defendant association of all duties related to the reconstruction project:
10. All the business affairs related to the relocation of the shop owners and existing lessees; 12. The business affairs related to the sale, etc. of a new building; 13. The business affairs related to the formulation and implementation of a plan for advertisement and publicity necessary to revitalize the commercial buildings of the new building;
Article 7 (Liability and Obligations of Defendant Company) (1) The Defendant Company shall complete the implementation of its business by raising funds, etc. required for the smooth promotion of the business prescribed in Article 6 (1).