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(영문) 청주지방법원 2018.01.26 2017가합201610
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. 1) The Ministry of Health and Welfare, from around 2004 to around 2006, implemented a project to support the Lottery Fund for fostering unreported welfare facilities, etc. for the purpose of promoting the access of unreported welfare facilities to the system and improving the welfare level of facility residents through the support of unreported welfare facilities such as the construction and expansion of such facilities. 2) The role of each project entity is the project entity. The Ministry of Health and Welfare as the role of each project entity in formulating a basic plan and guidelines for support projects, allocating subsidies to each City/Do, and guiding and supervising other support projects, the Ministry of Health and Welfare, the distribution of subsidies to each Si/Gun/Gu, the determination of facilities and amount of subsidies to be provided in each City/Do, the support and adjustment necessary for support projects, the overall guidance and supervision of support projects in each Si/Gun/Gu, and the Si/Gun/Gu, the implementation of projects to be provided, receipt of reports, repair of defects, asset management, and the overall management of other support projects.

Serial No. 1 Plaintiff A, the maximum amount of the grounds for registration for the receipt of the object owned by the owner, KRW 100,000,000, December 29, 2005, which was concluded on December 29, 2005, KRW 200,000 for the contract concluded on December 27, 2005, KRW 45,000,000 for the contract concluded on December 27, 2005, KRW 3 Plaintiff C, the real estate No. 3 of the instant case, which was located on July 29, 2005, KRW 150,00,000 for the contract signed on July 29, 2005.

B. The Plaintiffs, who operated non-reported welfare facilities, were supported by the Lottery Fund according to each of the above support projects by the Defendant, and the mortgagee of the right to collateral security was the Defendant and completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of each of the following facilities”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1 (including additional evidence), Gap evidence No. 6, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The Ministry of Health and Welfare that implemented the above support project for the plaintiffs' assertion 1 has received subsidies from the head of the facility of the unreported welfare facility like the plaintiffs and satisfied the requirements for welfare facilities.

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