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(영문) 광주지방법원 2018.05.18 2017가단514307
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. When the safety of unreported welfare facilities becomes a social issue, the government announced the support through the Lottery Fund, etc. while publishing the support and management measures for unreported welfare facilities on May 2005, and actively led to the conversion into reported facilities.

B. From 2004 to 2006, the government provided a total of KRW 104 billion and approximately KRW 900 unreported facilities through the Lottery Fund.

Since then, the government transferred the related projects to each local government, and each local government managed subsidies as collateral security holders and supervised and supervised the facilities.

C. Under the above policy, the Plaintiffs and the Defendant entered into a contract on the support for building of social welfare facilities around April 2006.

The contents are as follows: “Plaintiff A shall build the real estate listed in attached Table No. 1, and Plaintiff B shall build the real estate listed in attached Table No. 2. The Defendant shall assist the Plaintiffs in the construction cost, each of which is KRW 90 million. The Plaintiffs shall operate each of the instant real estate listed in attached Table No. 1 (hereinafter “each of the instant buildings”) as social welfare facilities during the contract period, and shall not abolish or transfer the operation right of social welfare facilities without the Defendant’s written consent. The instant contract becomes effective from the date of conclusion of the contract, and it shall be for ten years from the date of completion of the building, and may be extended in consultation with the parties.

In addition, in order to secure each of the above subsidies amounting to KRW 90 million according to the terms of the above contract, the plaintiffs made the defendant as the right to collateral security, and the plaintiff A completed the registration of establishment of a collateral security (hereinafter "registration of establishment of each of the following areas") of each of the above subsidies under the attached Table No. 1 attached hereto, which is related to the real estate listed in the attached Table No. 1 and received on July 19, 2006, and the plaintiff Bridge was related to the real estate listed in the attached Table No. 2 attached Table No. 8305, Oct. 2, 2006.

[Reasons for Recognition] Facts without dispute, Gap 1, 5 evidence (including branch numbers, hereinafter the same shall apply), Eul 1 and 2 evidence, and arguments.

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