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(영문) 의정부지방법원 2019.08.09 2019가단2131
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Ministry of Health and Welfare, based on the financial resources raised by the Lottery Fund from around 2004 to around 2006, provided support projects for the strengthening of functions, such as construction and expansion, to the unreported welfare facilities, thereby promoting the access to the system of the unreported welfare facilities and improving the level of welfare of facility life (hereinafter “instant support projects”).

B. In implementing the above Support Project, the Ministry of Health and Welfare takes charge of follow-up management, such as the formulation of the basic plan and guidelines for the Support Project, the distribution of support amount for each City/Do, the overall direction and supervision of other Support Project, the distribution of support amount for each Si/Gun/Gu, the determination of facilities and amount of support for each City/Do, and the defendant's local governments, such as the defendant, have taken charge of follow-up management.

C. According to the project plan prepared for the instant support project, support for conditional reporting facilities may be provided by means of new construction, purchase, expansion, remodeling, improvement of the environment (renovation and repair), and equipment support. Of this, in the case of “new construction support”, the current provision of support for facilities that have been secured by the head of a facility among facilities deemed legally and practically impossible to be converted to a reported facility shall be limited to not more than KRW 200,000,000, and in the case of “environmental improvement (renovation and repair) support”, the provision of support for facilities requiring environmental improvement is stipulated to meet the current legal requirements, but it is determined to provide support not exceeding KRW 10,00,000 for facilities

The Plaintiff, while operating D facilities (hereinafter “instant facilities”) for which an administrative disposition, etc. was postponed on the condition that the Plaintiff’s land was converted from C to the reporting facilities from the Gyeonggi-do Government to July 31, 2005 (hereinafter “instant facilities”), shall secure the land B (hereinafter “instant land”) at the Government-si of Gyeonggi-do and transfer the facilities.

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