1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. 1) B Market reconstruction and rearrangement project association (hereinafter “the instant association”) is a “market reconstruction association” under Article 6(2) of the former Act on Special Measures for Supporting the Structural Improvement and Business Stabilization of Small and Medium Enterprises (amended by Act No. 6639, Jan. 26, 2002) on January 10, 200 for a project re-building (hereinafter “the instant project”) located in the 2,333.2m2m2 in Yangcheon-gu Seoul Metropolitan Government.

On September 9, 2003, the instant association completed the registration of a corporation for the purpose of promoting the instant project in accordance with the Housing Construction Promotion Act and subordinate statutes.

2) The Plaintiff is a corporation whose purpose is construction business.

3) On July 18, 2005, the head of the Defendant issued a construction permit to the joint owner for the construction of a main complex building newly constructed by the Plaintiff and the instant association as the instant project (hereinafter “instant building”).

B. On January 7, 2005, the instant association entered into a construction contract with the Plaintiff as a contractor and the company D as a contractor (A).

2) On May 1, 2005, the instant association selected the Plaintiff as a contractor on the condition that it would submit a letter of performance guarantee at an extraordinary general meeting of the association.

3) On February 15, 2007, the instant association notified the Defendant of the cancellation of the execution contract through a resolution of the board of directors on the violation of the Defendant’s “performance of obligation to submit a performance guarantee” and the “reasons for rescission of the contract under Article 26(1)3 of the Construction Contract Agreement.”

4) On January 19, 2008, the instant association made an appearance of 47 members (including 12 resolution in writing) from among 65 members at an extraordinary general meeting of the association (hereinafter “instant general meeting”) and delegates the selection of a corporation E as a contractor with the consent of 36 members to re-elect and change the construction work, and to enter into a contract with the board of directors.