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(영문) 광주지방법원 순천지원 2018.08.21 2017가단74259

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. As the stability of the unreported welfare facilities becomes a social issue, the government announced the “unreported welfare facilities support and management measures” around May 2005, announced the financial support through the Lottery Fund, etc., and induced the conversion into the unreported welfare facilities.

B. The government supported approximately KRW 104 billion from 2004 to 2006 to approximately 900 non-reported welfare facilities.

Since then, the government transferred the related projects to each local government, and each local government managed the subsidy as a mortgagee and supervised and supervised the facilities.

C. On May 26, 2006, the Plaintiffs concluded a mortgage agreement with a mortgagee, the Defendant, and the maximum debt amount of KRW 192,00,000 regarding each of the instant real estate listed in the separate sheet (hereinafter “the instant real estate”) with respect to each of the instant real estate (hereinafter “the instant real estate”) in the course of constructing each facility with funding from the Defendant pursuant to the aforementioned policies. On June 8, 2006, the Defendants completed each of the establishment registration of the neighboring real estate (hereinafter “the creation registration of each of the instant real estate”) under the No. 9986 as of June 8, 2006, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, the purport of the whole pleadings

2. The gist of the plaintiffs' assertion A) each of the instant right to collateral security was established to prevent the Plaintiffs from failing to comply with the continuous operation of the welfare facility and from disposing of the facility voluntarily after the head of the welfare facility received the support fund. The Plaintiffs were faithfully operated the welfare facility for ten years. The employees of the Ministry of Health and Welfare agreed to cancel the registration of the establishment of the establishment of the instant right to collateral security for ten years, since they met the requirements of the welfare facility at the briefing session and the public hearing, and they converted the establishment into the reported facility and operated ten years thereafter, the Defendant is obligated to cancel the registration of the establishment of each of the instant right to collateral security (B).