입회금반환
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. Basic facts
A. On June 23, 2010, the Defendant entered into a management-type land trust agreement (hereinafter “instant trust agreement”) with H, the truster, Defendant, and the first priority beneficiary as KB Life Insurance Co., Ltd., Korea Investment Securities Co., Ltd., Korea Bank, Korea Bank, and the second priority beneficiary as KB Construction Co., Ltd. (hereinafter “KB Construction”), with respect to the business of newly constructing and selling the JJ set on the land outside 1 and 47 parcels of land (hereinafter “H”), and the part related to the instant case in its content is as follows.
Article 1 (Purpose of Trust) (2) of the Management-type Land Trust Contract, Article 1 (Purpose of Trust) (Purpose of Trust) of the instant trust contract is to only carry out the business in which the trustee takes the trust real estate as the trust property and holds the status as the executor of the trust business within the scope of managing and selling it in accordance with the terms and conditions set forth in this contract, and to enter into a contract with a land trust with no responsibility for any dispute on the financing and construction defects, dispute related to the sales contract, treatment and resolution of civil petitions, etc.
Article 17 (Raising Funds, etc.) (1) All project costs required for trust projects shall be procured from the truster's responsibility, and the trustee shall not be obliged to procure or redeem project costs.
Article 21 (Form and Contents of Sales Contracts) (3) The sales contract shall be prepared in consultation with the truster, trustee and contractor, and the contents reflecting the purpose of the following subparagraphs shall be included therein:
1. The object of parcelling-out under the parcelling-out contract is to be constructed as a project implemented by the Defendant, the trustee, after being entrusted with the land from H, the truster, and only the trustee shall transfer the ownership on the registry for the person who has fully paid the proceeds of the sale;