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(영문) 울산지방법원 2017.07.19 2016가합24327
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On July 14, 2012, the Plaintiff entered into an investment contract with the Defendant (hereinafter “instant investment contract”) and jointly carried out a regional housing association project (hereinafter “instant project”) in Ulsan-gu, Ulsan-gu. The Defendant leased initial project expenses to the Regional Housing Association Promotion Committee, and acquired each real estate (hereinafter “each of the instant real estate”) listed in the separate sheet from Ulsan Metropolitan City (the superintendent of the Office of Education of Ulsan Metropolitan City) from Ulsan Metropolitan City (the superintendent of the Office of Education of Ulsan-gu), and the Plaintiff consulted with the competent authority of Ulsan Metropolitan City and agreed on all of the matters for acquiring each of the instant real estate and tried to perform the work of exercising the regional housing association project.

Accordingly, the defendant purchased each of the instant real estate from Ulsan Metropolitan City and completed the registration of ownership transfer on December 27, 2012.

On December 14, 2012, the Defendant: (a) set the repayment period of up to KRW 800,000,000 as the highest interest rate prescribed by the Interest Limitation Act and the interest rate of KRW 12 months from the date of the first loan; and (b) agreed that the instant investment contract was replaced by the instant loan agreement and concluded before it was concluded.

(hereinafter “instant monetary loan agreement”). The main contents of the instant monetary loan agreement are as follows.

In relation to the instant business, the principal contract for cash loan is concluded as follows in order to lend funds necessary for the Plaintiff, who is an agent to implement the instant business, to smoothly promote the business and to ensure the stability of the Defendant’s loan.

Article 2 (Contents of Loans) The Defendant shall lend funds to the Plaintiff within the extent of 80 million won, and the Plaintiff shall use the lending funds only for the following purposes:

Article 3 (Repayment of Loans) (2) The repayment period of this loan shall be 12 months from the date of initial loan.

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