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(영문) 서울중앙지방법원 2019.07.25 2017가합575630
부당이득반환 등 청구의 소
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 (1) between the parties (hereinafter “Defendant Association”) is the reconstruction association that has promoted the new construction business (hereinafter “instant new construction business”) of the building in the Seoul Jung-gu, Seoul and the building in the middle-gu, Seoul Special Metropolitan City, which is the site for the Dongdaemun C market and D market, which is the site for the new construction business, and the building is the reconstruction association that has implemented the new construction business (hereinafter “the instant building”). The Defendant A Co., Ltd (hereinafter “Defendant Co., Ltd”) is the execution agent that entered into an overall execution contract with the Defendant Association for the implementation of the new construction business, and the Plaintiff G Co., Ltd. (hereinafter “G”) is the new construction contractor for the instant new construction business.

(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 the existing lessee; 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 the business affairs 17.

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