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(영문) 춘천지방법원 2016.08.23 2015가단55062

손해배상(국)

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 Plaintiff has operated the “C Regional Child Center” (hereinafter “instant center”) which is a child welfare facility in the Chuncheon City B’s site and its ground housing (hereinafter collectively referred to as the “instant real estate”), which is one’s own ownership.

B. D is a person operating a dormitory for persons with disabilities attending a Fschool, a special school, under the name of “E” in his apartment.

C. On April 2, 2012, the Plaintiff sold the instant real estate and the instant center’s operating right (hereinafter “instant sales contract”) to D, and completed the registration of ownership transfer on the instant real estate.

The Plaintiff and D have leased the instant real estate to the Plaintiff free of charge from April 1, 2012 to March 31, 2014, and “to lease the instant building until the completion of the extension or alteration of the said building” was drafted as of April 1, 2012 as stipulated in the special agreement.

E. On May 9, 2012, the Defendant’s employees visited the instant center for the inspection of operational status, and discovered that the name plates of “G regional children’s centers” are installed in addition to “C”, a facility name duly reported at the entrance of the instant center, and ordered the Plaintiff to remove the name plates around May 10, 2012.

(f) In the case of a regional child center, it is possible to change the head of the facility, but it is impossible to change the operating body, which is the founder, and if it is intended to change it, it shall file a report on the closure of the existing facility and undergo the procedure that the new

In principle, there is no subsidy for operating expenses because the facility whose operating entity is changed is a new facility. However, if there is no change in employees or children, and only the operating entity is changed, it is possible to pay up to 50% of the existing operating expenses for stable provision of services.

G. The Plaintiff.