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(영문) 대전지방법원 서산지원 2018.02.22 2017가합50623

근저당권말소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Ministry of Health and Welfare from around 2004 to around 2006 implemented a Lottery Fund support project to foster unreported welfare facilities, etc. (hereinafter “instant support project”) for the purpose of promoting the access to the system of unreported welfare facilities and improving the welfare level of facility residents by supporting the function reinforcement project, such as the construction and expansion of unreported welfare facilities.

B. The roles of each project entity in the process of implementing the instant support project are as follows.

A project operator's role: formulation of a master plan and guidelines for support projects of the Ministry of Health and Welfare; distribution of subsidies for each Si/Gun/Gu; distribution of subsidies for each Si/Gun/Gu; determination of facilities and amount of subsidies for each City/Do; provision and coordination of support projects; provision of support necessary for support projects in each Si/Gun/Gu; recommendation of facilities and support projects for the Si/Gun/Gu; execution of support projects for the Si/Gun/Gu, receipt of reports; repair of defects; management of follow-up projects; and overall management of other support projects;

C. The Plaintiffs, who operated the unreported welfare facility, received support from the Defendant for the Lottery Fund in accordance with the instant support project and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a mortgage of each case of KRW 270,000,000 on January 23, 2007, respectively, on January 24, 2007, as stated in the [Attachment A] List 2, 250,500,000 on February 19, 2008, as follows: < Amended by Presidential Decree No. 20350, Feb. 19, 2008; Presidential Decree No. 2000, Jan. 23, 2007; Presidential Decree No. 2000, Jan. 24, 2007>

Plaintiff

B On January 24, 2017, the Defendant entered into a contract for the extension of subsidies for new construction with the Defendant, and the main contents are as follows:

Article 4 (Continuation of Operation of Social Welfare Facilities as Terms of Support) Plaintiff B shall continue to operate the Social Welfare Facilities during the period of the contract, and discontinue or have the right to operate the Social Welfare Facilities without the Defendant’s written consent.