1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Basic Facts

A. The Defendant: (a) delegated the authority to implement the project to build and supply apartment units using Seongdong-gu Seoul Metropolitan Government D Japan as a project site (hereinafter “instant project”); and (b) delegated the authority to implement the project by combining the said housing association and its establishment preparatory committee (hereinafter “non-party association”); (c) on October 18, 2007, the non-party association was established with the authorization of the regional housing association under the Housing Act from the head of Seongdong-gu Seoul Metropolitan Government, and acquired the status of the project owner with the approval of the construction project plan for apartment units on December 31, 2008.

The plaintiffs are members of the non-party partnership recruited by the defendant.

B. On October 27, 2000, the Defendant concluded a contract with the non-party union under the terms and conditions delegated by the Defendant to implement the instant project (hereinafter “instant implementation agency contract”), and the Dongbu Construction Co., Ltd., a contractor, guaranteed the Defendant’s obligation to the non-party union.

According to Article 4 of the enforcement agency contract of this case, the non-party partnership should secure and provide 100% of the land shares for the promotion of the project of this case, and according to Article 19, the apartment sale price for the apartment to be sold to the members of the non-party partnership was determined as 20 million won (32 square meters).

C. Meanwhile, on January 19, 2005, the Defendant agreed to sell 32 square-type apartment units at the fixed sale price of KRW 320 million, upon receiving an application for joining the partnership from the Plaintiff A on February 1, 2005, and upon receiving an application for joining the partnership from the Plaintiff A, the Defendant agreed to sell the final apartment units at the fixed sale price of KRW 320 million

Article 8 (Sale Price and Management of Units by Members)

1. The sales amount of cooperative members shall be the final and conclusive sales amount, including all costs arising from the implementation of the project, such as land prices, construction costs, design and supervision costs, royalties, removal costs, and civil petition treatment costs;

Article 10 (Disposal of Proceeds from Sale and Profit and Loss from Projects)

4. Since all profits and losses arising from this project accrue to the Defendant Company, partnership and even if any loss occurs due to the implementation of the project.