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.

Facts of recognition

The parties’ relevant CConstruction Co., Ltd. (hereinafter referred to as “C”) is a corporation mainly engaged in building construction business and sales business, etc., and is an executor and sales company and one parcel E (hereinafter referred to as “E”) outside Jongno-gu Seoul Metropolitan Government G and one parcel E (hereinafter referred to as “E”). The Plaintiffs are those who acquired the status of the buyer on Oct. 29, 2008 from the F that entered into a sales contract as of Jul. 20, 2004 between C and C with respect to the instant real estate, and the Defendant is a trust company that received the instant real estate from C as its main purpose.

On October 31, 2003, the Military Mutual Aid Association concluded the instant business agreement and the instant first trust agreement with C on October 31, 2003, with the Military Mutual Aid Association leased KRW 135 billion to C with the business fund for the project for the downtown redevelopment project in Seoul Jongno-gu and 78 lots, including the construction of E (hereinafter “instant redevelopment project”). In return, C entered into a trust agreement with the Defendant on November 20, 2003 with the content that it would be paid the principal and interest of the instant redevelopment project and the business profit amounting to KRW 35 billion (hereinafter “instant business agreement”). On November 20, 2003, C and C entered into a trust agreement with the Defendant to determine the Military Mutual Aid Association as the priority beneficiary of trust principal and trust profit (hereinafter “instant first trust agreement”).

Article 3 (Loan Amount and Terms and Conditions) (1) "A" shall lend 135 billion won per day to "B" (C) for smooth promotion of projects.

(2) "B" shall guarantee "A" the fixed interest rate for loans (9.5% per annum) and certain profits from the implementation of the projects referred to in Article 2.

(5) "B" shall be the land management and trust to the defendant who has purchased the land at the time of borrowing the purchase price.

Article 5 (Payment of Income from Business) (1) "B" shall, after repaying the principal and interest of the loan, have the business income of 35 billion won to "A" three times as follows: