분양대금반환
1. Plaintiffs 7, 9, 11, 12, and 12 among the judgment of the court of first instance against the Plaintiffs, including the claims added at the trial.
1. Basic facts
A. 1) The parties’ status 1) The Defendant Association is a commercial building consisting of “EI” in the area of EH large 4,144.3m2, Jung-gu, Seoul, Jung-gu, Seoul (hereinafter “instant commercial building”).
) A new project (hereinafter referred to as “new project of this case”)
A) The Defendant Company is a project implementer that implemented the instant commercial building, and the Defendant Company is an executing agency that entered into a comprehensive enforcement contract with the Defendant Company to acquire and sell the right of lease of the instant commercial building. (2) The Plaintiffs are those who entered into each lease contract with the Defendant Company for the individual stores of the instant commercial building or succeed to the status of the buyer under the lease sale contract.
B. On September 12, 2002, the Defendant Union and the Defendant Company entered into an enforcement agency agreement with the Defendant Company on the instant new construction project, and on December 28, 2002, entered into a general enforcement agency agreement with the following (hereinafter “instant general enforcement contract”) with a view to embodying the said agreement:
Article 5 (Rights and Duties of the Defendant Union) (1) The Defendant Union shall regularly check whether the Defendant Company has promoted its business smoothly in accordance with the provisions of Article 5 (5) of the Articles of Incorporation of the Union, 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 new buildings; 13. The formulation and implementation of plans for advertisement and publicity necessary to revitalize the commercial buildings of new buildings, and all the business affairs related thereto;