1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant Union conducted a competitive bidding with regard to the selection of a contractor for the implementation of the housing reconstruction project for the large international apartment (hereinafter “instant reconstruction project”). On June 23, 2003, the Plaintiff paid KRW 100 million to the Defendant Association as a bidder (hereinafter “instant bid bond”) while participating in the said competitive bidding at around June 23, 2003.

B. On June 28, 2003, the Plaintiff was selected as a successful bidder with regard to the selection of the project implementer for the instant reconstruction project at the inaugural general meeting of the Defendant Cooperatives. On June 30, 2003, the Plaintiff entered into a rebuilding project agreement for the instant reconstruction project with the Defendant Cooperatives (hereinafter “instant rebuilding project agreement”).

C. Meanwhile, the main contents of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 6893 of May 29, 2003; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”) that took effect on July 1, 2003 are as follows.

(1) The owners of lands, etc. shall, after receiving an authorization for project implementation, select the constructor under Article 9 of the Framework Act on the Construction Industry or the registered businessman who is deemed the constructor under Article 6-3 (1) of the Housing Construction Promotion Act as the constructor.

Article 7 (Transitional Measures for Implementation of Projects) (2) Where an association that has obtained authorization for establishment of an association, which selects a contractor with the consent of at least 1/2 of the owners of lands, etc. and has already concluded an execution contract or a housing reconstruction project for which a contractor has been selected with the consent of at least 1/2 of the owners of lands, etc. before August 9, 2002 and which has been reported to the head of a Si/Gun within 2 months after the enforcement date of this Act, the relevant contractor shall be deemed the contractor selected under

At the time of concluding the instant reconstruction project contract with the Plaintiff, the Defendant Union did not obtain authorization to implement the project.