(영문) 서울중앙지방법원 2014.06.27 2013가합539100

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(영문) 서울중앙지방법원 2014.06.27 2013가합539100

대부계약당사자지위확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 3, 2012, the Plaintiff entered into a loan agreement with the Defendant on May 3, 2012, and managed the land stated in the purport of the claim (as State-owned land at the time, the vice market was managing it

hereinafter referred to as “instant land”).

2) As to the instant loan agreement (hereinafter “instant loan agreement”) as follows:

After the conclusion of the loan agreement, 14,738,580 won was paid in the year 2012. The purpose of use of the loan property under Article 1 (Purpose of Use) of the State Property Loan Agreement is material value. The loan period under Article 2 (Period of Lease) is from May 3, 2012 to December 31, 2016. The loan period under Article 3 (Loan Fee) shall be from May 3, 2012 to December 31, 2016. The loan period under Article 3 (Loan Fee) shall be KRW 14,738,580: Provided, That the rent for the following year shall be determined annually (including VAT) in accordance with Articles 29 and 31 of the Enforcement Decree of the State Property Act; Article 7 (Restrictions on Loans) (the Plaintiff) shall not conduct any of the following acts without the approval of the Defendant:

1. Change of the purpose of use;

2. Change of the original state of leased property;

3. Where the installation of facilities in loaned property falls under any of the following cases, A may cancel this contract by making it substitute for B:

2. Where Eul subleases or disposes of rights on the leased property.

5. On the other hand, following the conclusion of the instant loan agreement, where Eul violated the Acts and subordinate statutes related to state property and the provisions of this contract, the Plaintiff entered into the instant loan agreement: (a) to build ready-mixeds on the floor of the instant land; (b) install iron-resistant fences around the land; (c) install a string unit to calculate the unit price of recycled products; (d) submit a written report on the construction of a temporary building to the office of the office of management of the instant land; and (e) build a 1 m (3m x 6m x 6m) on the instant land; and (e) start a business on the ground of the instant land from June of the same year to the next day of the previous land.

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