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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. A contract for construction work between a partnership for reconstruction and a partnership for reconstruction and reconstruction (hereinafter “small and medium partnership”) is as follows:
The former Housing Construction Promotion Act (wholly amended by Act No. 6916, May 29, 2003; hereinafter referred to as the “former Housing Construction Promotion Act”) on February 7, 2003 in order to promote the reconstruction project of three lots of land B-owned houses and 13 lots of land outside Seoul Special Metropolitan City, Nowon-gu, and 13 lots of land.
According to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on July 31, 2003 after obtaining authorization for establishment from the head of Nowon-gu in Seoul Special Metropolitan City.
(2) On July 2010, the non-party partnership and the non-party partnership entered into a construction contract with the defendant to carry out the removal of the existing building, the new construction work of the apartment and the new construction work of the apartment on the land provided by the non-party partnership (hereinafter “the construction contract in this case”). The construction work cost is to cover the liquidation amount of the association members and the sale price for the general sale portion (hereinafter “the construction contract in this case”). The part related to this case is as follows.
Article 3 (Status and Business Principles between Parties) (1) "A" and "B" (Defendant) shall be joint project undertakers who are responsible and liable in accordance with relevant Acts and subordinate statutes, such as the Housing Construction Promotion Act, and shall perform their contracts in accordance with the principle of mutual trust and good faith so that the project may be completed successfully.
[Disposition] Under Article 44 (Establishment, etc. of Housing Association) of the Housing Construction Promotion Act, a reconstruction association is required to conduct a project jointly with a registered manager. In this case, the association and the registered manager are regarded as joint project undertakers. Thus, it is clearly defined. ② In relation to this contract, the act of the non-party association, which represents the whole association members, and the act of the non-party association in accordance with this contract,
At the same time, members of the non-party union are.