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(영문) 수원지방법원 평택지원 2018.01.25 2017가합9284

근저당권말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Ministry of Health and Welfare, from 2004 to 2006, implemented support projects for conditional and unreported social welfare facilities on the basis of the financial resources raised by the Lottery Fund.

B. On December 28, 2004, when the Plaintiff operated a social welfare facility under the name of “B” from the real estate listed in attached Table No. 1 of the attached Table No. 1, the Plaintiff entered into a contract with the Defendant for supporting the construction of a building on the site owned by the Defendant and the head of the facility (hereinafter “instant support contract”), and completed the new construction of the real estate listed in attached Table No. 2 of the attached Table No. 2 around August 25, 2005.

Article 1(Purpose)The purpose of this Agreement is to provide for the rights and obligations related thereto with respect to conditional reports or social welfare facilities for private operation which have not been funded by the State as part of the “Conditional Reporting Facility Support Project of the Ministry of Health and Welfare” in 2004, subject to the 'Implementation of Reporting Procedure as social welfare facilities and continuous operation of social welfare facilities'.

Article 7 (Continuation of Operation of Social Welfare Facilities as Terms of Support) The plaintiff shall continue to operate the Social Welfare Facilities during the period of the contract of this case, and may not discontinue the operation of the Social Welfare Facilities or transfer its right to operation without the defendant's written consent

Article 8 (Consultation on Transfer of Ownership on Building Site and Building) Where the plaintiff faithfully faithfully performs the above duty to report and the duty to continuously operate social welfare facilities, the defendant may enter into an agreement on the transfer of property rights to the plaintiff, such as cancellation of the creation of a right to collateral security on the site and building subject to this contract

Article 9 (Prohibition of Unreasonable Intervention in Operation of and Exercise of Property Rights by Local Governments) The defendant shall unfairly interfere with and intervene in the operation of the plaintiff's social welfare facilities.