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(영문) 수원지방법원안산지원 2017.12.05 2017가단60089
근저당권설정등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1.The following facts do not conflict between the Parties:

The Ministry of Health and Welfare from 2004 to 2006 implemented support projects for conditional reported and unreported social welfare facilities on the basis of financial resources raised by the Lottery Fund.

B. On November 8, 1995, the Plaintiff entered into a contract on the support of building renovation (environmental improvement) with the Plaintiff and social welfare facilities (hereinafter “instant support contract”) around July 2005 while operating the social welfare facilities under the name of “B” (hereinafter “C”) from the real estate listed in the attached list (hereinafter “instant real estate”) from November 8, 1995, and installed an elevator within the instant real estate on August 30, 2005 after receiving support of KRW 70 million from the Defendant.

C. Meanwhile, the main contents of the instant support agreement are as follows.

Article 7 (Continuation of Operation of Social Welfare Facilities as Terms of Support) The plaintiff shall continue to operate the Social Welfare Facilities during the period of the instant support contract, and may not abolish or transfer the right to operate the Social Welfare Facilities without the defendant's written consent.

Article 8 (Consultation on Transfer of Ownership on Building Site and Building) Where the Plaintiff faithfully performed the obligation to report and to continuously operate social welfare facilities, the Defendant may enter into an agreement on the transfer of property rights, such as the termination of mortgage on the site and building which is the object of the instant support contract, at a reasonable time determined by the Defendant.

Article 9 (Prohibition of Unreasonable Intervention in Operation of and Exercise of Property Rights by Local Governments) The defendant shall not interfere with and intervene in the operation of the plaintiff's social welfare facility, and when the defendant cancels or terminates the support contract in this case or exercises the property right based on the contract, the permission of

Ownership of a building which has been enlarged or reconstructed shall be owned by the plaintiff at the time of the instant support contract.

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