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(영문) 서울고등법원 2019.06.12 2018나2036036

근저당권말소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. around 202, the Ministry of Health and Welfare conducted a fact-finding survey on unreported social welfare facilities nationwide when a fire occurred in unreported social welfare facilities located in the Chungcheongnam-gun, the Ministry of Health and Welfare around 2002. As a result, the fact-finding survey on unreported social welfare facilities is confirmed to be in a blind spot for the supervision of administrative agencies, and some unreported social welfare facilities have revealed problems, such as human solicitation and operational corruption and lack of safety facilities. The Ministry of Health and Welfare from 2004 to 2006, on the basis of financial resources raised by the Lottery Fund for conditional reports and unreported social welfare facilities (hereinafter “instant support project”).

(2) The purpose of the instant support project is to promote the access of unreported facilities to the system, improve the welfare level of facility residents by supporting the functions reinforcement project, such as the new construction and expansion of unreported welfare facilities, and to promote the substantial effect of the support project by granting autonomous rights to the head of the facility who continuously operates social welfare facilities to the head of the facility, as the defendant is in charge of the recommendation of the facilities to be supported, the progress of the support project, and the management of assets, etc.

I refer to the evidence of subparagraph 1. B.

The Plaintiff entered into the instant contract, while operating a non-reported social welfare facility under the name of “B”, purchased real estate specified in attached Table No. 1 and continued to operate the said facility, and applied for support for purchase of social welfare facilities to the Defendant in order to receive subsidies under the instant support program.

The defendant and the plaintiff are located in Echeon-si C on April 7, 2006.