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1. The part of the judgment of the court of first instance against the plaintiff regarding real estate listed in paragraph 2 of the attached Table shall be revoked;
The defendant.
Reasons
1. Facts of premise;
A. On September 8, 2004, the Plaintiff, a social welfare foundation established in accordance with the procedures prescribed by the Social Welfare Services Act, completed the registration of transfer of ownership in the Plaintiff’s name on September 2, 2004 with respect to the instant land (the existing building constructed around September 2, 1973 on the ground) owned by the Plaintiff’s representative F.
B. On August 11, 2005, the Plaintiff got subsidized KRW 166,789,000 as part of the cost of constructing a new building, and removed the existing building on the said land and newly constructed the instant building.
C. Upon completion of the construction of the above building, the Plaintiff completed the registration of initial ownership in the Plaintiff’s name on September 6, 2006, and around March 3, 2010, registered the establishment of a neighboring mortgage in the name of the bank.
On July 4, 2013, the transferee of the claim against the Plaintiff of the Bank of Korea completed the registration of transfer in the name of the Defendant as to the above land and building on March 31, 2014 in the voluntary auction procedure for the instant land and building filed by the Plaintiff D in this Court.
[Ground for Recognition]: Facts without dispute, entries in Gap 1-3, 11, 16 (including above number), the purport of the whole pleadings
2. Determination as to whether the violation of the former Social Welfare Services Act is invalid
A. (1) The Plaintiff’s assertion that the instant land and buildings are the Plaintiff’s fundamental property, which is a social welfare foundation, and Article 23(3)1 of the former Social Welfare Services Act (amended by Act No. 10997, Aug. 4, 201); Article 23(3)1 of the former Social Welfare Services Act (amended by Act No. 10997, Aug. 4, 201); a corporation should obtain permission from the Minister of Health and Welfare
The registration of the transfer of this case in the name of the defendant was made without the approval of the Minister of Health and Welfare.