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(영문) 청주지방법원 2018.02.08 2017가합201641
근저당권말소
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 Ministry of Health and Welfare from around 2004 to around 2006 implemented the Lottery Fund support project to promote the access to the system of unreported welfare facilities and improve the level of welfare of those living in the facility with the aim of promoting the entry of unreported welfare facilities and improving the welfare of those living in the facility.

B. As a project undertaker’s role in implementing the above support project, the Ministry of Health and Welfare has established a basic plan and guidelines for the support project, allocated subsidies to each City/Do, and supervised and supervised overall support projects; distribution of subsidies to each Si/Gun/Gu; determination of facilities and amount of subsidies to be provided in each City/Do; support and coordination necessary for the support project; overall guidance and supervision of Si/Gun/Gu support projects; execution of the support project and the support project; receipt of reports; repair of defects; and management of other support projects.

C. On June 20, 2007, while operating non-reported welfare facilities in each real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff entered into a contract with the Defendant to receive financial support for building construction (hereinafter “instant support contract”) according to the above support project. On November 10, 2009, the Cheongju District Court completed the registration of creation of a neighboring mortgage in the Defendant’s name (hereinafter “the registration of creation of a neighboring mortgage”) on the instant real estate as the receipt of No. 141258 on November 10, 2009.

Article 1(Purpose) The purpose of this Agreement is to provide financial support for the construction of new buildings of social welfare facilities and to provide for the rights and obligations related thereto on the condition that “the implementation of the procedures for filing conditional reporting facilities and the continuous operation of social welfare facilities” as part of the “The Lottery Fund Support Project for Conditional Reporting Facilities”.

Article 7 (Continuation of Operation of Social Welfare Facilities as Terms of Support) The Plaintiff is this case.

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