A. (1) The Plaintiff is a housing reconstruction and rearrangement project partnership with the approval of establishment on July 13, 2007 for the purpose of implementing a housing reconstruction and rearrangement project for A apartment units on the ground of 101,987 square meters of land (hereinafter “instant reconstruction project”) other than 101,987.40 square meters of land in Seocheon-gu, Seocheon-gu, Seocheon-gu, and the Plaintiff’s supplementary intervenors are the Plaintiff’s members.

(2) The Defendant is a construction enterprise that was selected as a contractor through a resolution of the General Meeting of Members held on October 28, 2007 and entered into a construction contract with the Plaintiff as follows.

B. Re-building resolution (1) at the inaugural general meeting of May 9, 2007, the Plaintiff Union’s establishment promotion committee re-written consent for the establishment of the association from landowners, etc. to the effect that “the consent form of the establishment of the association to be decided” was collected from landowners, etc., but all of the above consent forms were discarded on or around the end of April 2007, and the method of implementing the project was re-written from landowners, etc.

(2) On May 9, 2007, the association establishment promotion committee held an inaugural general meeting on the following rebuilding resolution (hereinafter “the rebuilding resolution of this case”) with the contents that “the method of implementing the project with the consent of 880 persons among 1,061 landowners, etc.” as “the method of implementing the project with the consent of 1,061 landowners, etc.” (hereinafter “the rebuilding resolution of this case”).

[Re-building resolution of this case] ① The size of the site for the design of a new building: 306,234.06 square meters: the total floor area: 23 buildings with 10-25 stories and appurtenant welfare facilities. ② The estimated amount of expenses for the removal of buildings and new construction: approximately KRW 315,00 million: approximately KRW 325,019,765,000; approximately KRW 65,03,953,000; approximately KRW 393,173,718,000; and KRW 393,173,718,000; and the method of implementation of the business of a new association to share the expenses shall be shares; and the method of implementation of the business of a new association may be modified pursuant to the relevant statutes and the construction contract in the future.

(3) The Plaintiff obtained the authorization of establishment on July 13, 2007 from the vice-market.