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(영문) 의정부지방법원 2020.01.15 2019가합53396
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. The Ministry of Health and Welfare conducted a survey on the actual condition of unreported social welfare facilities throughout the country, where a fire occurred in the unreported social welfare facilities located in the Chungcheongnam-gun, 2002, and where three residents died, the Ministry of Health and Welfare conducted a survey on the actual condition of the unreported social welfare facilities throughout the country. (2) As a result of the survey, it is confirmed that the unreported social welfare facilities are in a blind spot for the supervision of the administrative agency, and some of the unreported social welfare facilities have revealed problems such as corruption and lack of safety facilities, etc., the Ministry of Health and Welfare conducted a project for supporting conditional reported and unreported social welfare facilities (hereinafter “instant support project”) based on the financial resources raised by the Lottery Fund from 2004 to 206.

3) The purpose of the instant support project was to promote the entry of unreported facilities into the system, to promote the welfare level of facility occupants by supporting the project for strengthening functions, such as the construction and expansion of unreported welfare facilities, and the Defendant and local governments, such as the Si/Gun/Gu, are in charge of the selection of facilities eligible for support and the implementation of support projects, and the overall management of support projects. The basic principles of support are as follows: ① since the purpose of support for facilities and equipment is to improve the level of living welfare, support in a way that does not have the effect of increasing private property for the head of the facility; ② grant the autonomy to the head of the facility who continuously operates the social welfare facility to operate the facility; ② Conclusion of the support contract, the Plaintiff was operating the non-reported social welfare facility under the name of “B” on the ground of the land listed in the attached Table No. 1 (hereinafter “instant land”). On the instant land, the Plaintiff filed an application for new construction of a building under the instant support project with the Defendant on the condition that the social welfare facility

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