근저당권말소
1. The plaintiff's lawsuit against the defendant shall be dismissed.
2. The defendant succeeding intervenor is recorded in the attached list in the plaintiff.
1. Basic facts
A. On March 10, 2011, the Plaintiff entered into a mortgage agreement with the Defendant regarding the instant real estate in order to secure a business facility loan obligation against the Defendant, a corporation D (hereinafter “Nonindicted Company”) with the maximum debt amount, KRW 3.577 billion with respect to the instant real estate, and a mortgage agreement with the debtor as the non-party company, and completed the registration of the establishment of a neighboring mortgage to the Defendant on the 15th of the same month.
B. On March 1, 2010, the Plaintiff reported the establishment of a sanatorium for older persons and established and operated a sanatorium for older persons under the Welfare of Older Persons Act for the trade name of “E Medical Care Center” in the instant real estate.
C. The former Welfare of Older Persons Act (amended by Act No. 10509, Mar. 30, 201; hereinafter “Act”) and the Enforcement Rule of the same Act (amended by Act No. 51, Apr. 15, 2011) related to the instant case are as follows.
Article 34 (Medical Welfare Facilities for the Aged) (1) Medical Welfare Facilities for the Aged of the Gu shall be as follows:
1. A sanatorium for older persons: An institution intending to provide meals, care, and other conveniences necessary for daily life by admitting older persons in need of help due to a scartric disease, such as dementia, paralysis, etc. which has caused considerable mental and physical disabilities to the aged, etc.
(2) Where persons other than the State or local governments intend to establish medical welfare facilities for the aged, they shall report to the head of a Si/Gun/Gu.
Provided, That a special hospital for older persons may be established only by a person (excluding a dentist and a midwife) who is entitled to establish a medical institution under the Medical Service Act with permission from the Mayor/Do Governor.
(3) Matters necessary for reporting on installation and installation of medical welfare facilities for older persons, standards for human resources and operation, etc.