손해배상 등
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 10 (including paper numbers; hereinafter the same shall apply) and Eul evidence 1 and the whole purport of the pleadings:
The J Housing Association and the K Housing Association (hereinafter “each of the instant associations”) are the cooperatives which have promoted the project of constructing collective housing (hereinafter “instant project”) in Gwangju L District (hereinafter “instant project site”). The Plaintiffs are the members of the J Housing Association or the K Housing Association, or the persons who have acquired rights from the members, and the Defendant is the companies which have concluded a contract for construction work with each of the instant associations.
B. From December 2002 to December 2003, the Plaintiffs entered into a supply contract with each of the instant cooperatives on supply of 32 square meters of the apartment units to be constructed as the instant project (hereinafter “instant sales contract”). Nonparty M Co., Ltd. (hereinafter “M”) participated in the instant sales contract as an executing agent. The Defendant signed and sealed the instant sales contract as the contractor, and the key contents of the instant sales contract are as follows.
Article 1 [General Provisions] B of the J Housing Association Supply Contract and Cooperative Agency Business Agreement (the individual plaintiffs are the subscribers of the association) shall delegate all of the duties to Byung (M) on behalf of others due to the nature of the project to implement the project as a qualified housing partner under Article 42 of the Enforcement Decree of the Housing Construction Promotion Act under the condition that the project plan has not been approved yet, and Gap (the association of this case refers to each of the association of this case) shall supply one apartment household according to the area of usage inspection only to the households whose full payment of the union members' contributions and business operating expenses has been made in accordance with the schedule of the construction contract and the project execution contract.
Article 3 (Contributions to Members) (Article 3) shall be paid to members as follows:
1. Members;