1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Basic Facts

Upon entering into a joint project implementation contract for reconstruction, the sectional owners of the Zit Housing located on the ground of Dongdaemun-gu Seoul Metropolitan Government AD and AE (hereinafter “instant land”) established the Zit Housing Association (hereinafter “instant association”) in order to remove the existing building around 2005 and construct the main complex building with the size of three underground floors and the 13th floor above the ground (hereinafter “instant building”) on the site after obtaining a building permit under the name of the sectional owners.

On December 19, 2005, the instant association entered into a joint project implementation agreement with AF Co., Ltd. (hereinafter “AF”), whereby AF received the instant land from the instant association and newly built the instant building on its ground, among which 16 households, supplied the instant land to its members, and the remaining apartment and non-business facilities are to be appropriated for the construction cost, etc. paid by AF. (hereinafter “instant implementation agreement,” and the construction under the instant implementation agreement was referred to as “the instant construction”).

The main contents of the instant enforcement contract are as follows:

Article 1 (General Provisions) A (hereinafter the same shall apply to the instant association) and B (AF) of the instant implementation agreement, in accordance with relevant laws and regulations, such as the Building Act, shall enter into this agreement on the basis of mutual trust and good faith so that the instant reconstruction project may be implemented promptly and smoothly, and shall, in principle, implement the joint project in compliance with the relevant laws and regulations.

Article 5 (Principle of Joint Project Implementation) (1) In the implementation of this Joint Project, A shall secure the necessary site, handle civil petitions arising from business, such as moving expenses, and B shall handle the affairs related to moving expenses and the implementation of the project, and support and actively cooperate with A and B. 2) The method of carrying out the Joint Project shall provide the land of A under Article 2, and B shall promote the implementation of the Project, and B shall promote the exclusive area of the exclusive area.