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(영문) 서울중앙지방법원 2019.07.25 2018가합515826

부당이득반환 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relationship between the parties (1) The defendant Z market reconstruction project association (hereinafter referred to as the "the defendant association") is the reconstruction association that promoted the new construction project (hereinafter referred to as the "new construction project of this case") of a commercial building called "AD" (hereinafter referred to as the "instant commercial building") by implementing a Z market reconstruction project on the ground and underground of 4,144.3 square meters of the land of the Gu AA market and AB market, Jung-gu Seoul, Seoul, and the land of the new construction project of this case. The defendant Y Co., Ltd. (hereinafter referred to as the "defendant") is the execution agent who entered into an overall execution contract with the defendant association for the execution of the new construction project of this case, and the Gap E Co., Ltd. (hereinafter referred to as the "AE") is the commencement project of the new construction project of this case.

(2) On September 12, 2002, the Defendant Union and the Defendant Company entered into an agreement on the redevelopment execution of the instant new construction project, and on December 28, 2002, entered into an agreement on the vicarious implementation of the market reconstruction project to specify the said agreement, and the main contents of which are as follows:

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 affairs with delegation from the defendant association of all affairs 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 the raising and management of funds necessary for the implementation of such business affairs;