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(영문) 청주지방법원 2019.01.30 2017가단105524
근저당권말소
Text

1. The defendant received on August 5, 2005 from the Cheongju District Court of Cheongju as to the building listed in the attached list 1 list from the plaintiff.

Reasons

1. Basic facts

A. In around 2002, the Ministry of Health and Welfare conducted a fact-finding survey on the nationwide unreported social welfare facilities, following the occurrence of a fire in the unreported social welfare facilities located in the Chungcheongnam-gun.

As a result, the unreported social welfare facilities in the blind spot in the supervision of the administrative agency, and some unreported social welfare facilities have revealed problems such as corruption and operational corruption, lack of safety facilities, etc.

In order to induce report on social welfare facilities, the Ministry of Health and Welfare implemented subsidies on the condition of changing the reporting facilities of non-reported social welfare facilities based on the financial resources raised by the Lottery Fund.

B. While the Plaintiff operated a non-reported social welfare facility on the ground of the land in the Chungcheongnam-gun E owned by the Plaintiff, the Plaintiff applied for a building construction subsidy (the Plaintiff’s own share of KRW 7,000,000, subsidies of KRW 83,000,000) to the Defendant on the condition that it should be converted into the reported facility around April 2005, and received a decision to grant a subsidy from the Defendant, and entered into a “F new construction contract” with the Defendant (hereinafter “instant contract”).

The important contents of the instant contract are as shown in attached Form 2 “F New Construction Contract.”

C. On July 26, 2005, the Plaintiff newly constructed a building listed in the separate sheet No. 1 (hereinafter “instant building”) and obtained approval for use. On August 5, 2005, on the instant building, the Plaintiff, at the same time, set up a collateral security (hereinafter “instant collateral security”) against the maximum debt amount of KRW 124,50,000, the Cheongju District Court received from the Cheongju District Court No. 13972, as well as the registration of ownership preservation in the instant building.

[Ground of recognition] Evidence Nos. 1, No. 1 to 10, and the purport of the whole pleadings

2. Relevant principles;

(a)the right to collateral security shall be established by settling only the maximum amount of the debt to be secured and reserving the determination of the debt in the future;

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