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(영문) 의정부지방법원 2018.07.06 2017가단112430
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. From around 2005, the Ministry of Health and Welfare implemented support projects for social welfare facilities, such as conditional reporting facilities, using the Lottery Fund.

B. The Plaintiff was operating a conditional reporting facility (child) called “C” located in Seocheon-si, but applied for the above support project subsidy to the Defendant to build a building on the nearby land. Around April 26, 2005, the Defendant decided to grant subsidies of KRW 200 million to the Plaintiff.

C. On June 2, 2005, the Plaintiff and the Defendant drafted a “instant support contract for new construction of a building” on a site owned by the head of the building (hereinafter “instant support contract”). The main contents are as follows.

Article 7 (Duty to Report as Terms of Support) (Duty to Report) shall continue to operate social welfare facilities during the contract period of this case, and shall not discontinue the operation of social welfare facilities or transfer the right to operation thereof without Gap's written consent.

Where Article 8 (Consultation on Transfer of Ownership on Building Site and Building) (Consultation on Transfer of Ownership) has faithfully performed the above obligation to report and the obligation to continue to operate social welfare facilities, A may commence consultations on the transfer of ownership and other property rights of the site and new building which is the object of this contract to B at the time it is deemed reasonable.

Article 19 (Reversion of Ownership)

1. Ownership of a new building that was built by Party A to bear the total cost of new construction shall revert to Party A; and

2. Where part of the costs is borne by B, A shall vest in the ownership of B as much as the costs borne by B out of the costs of new construction, or vest in B the ownership of the whole building, but a right to collateral security may be created with a maximum amount not exceeding 1.5 times the cost of construction incurred in the new construction of a building.

Article 20 (Lease of Building) A shall lease to B a part equivalent to the whole building or the share of A which is the object of the instant contract without compensation for ten years from the date of permission for completion.

Article 21 (Restrictions on Uses) shall be effective.

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