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(영문) 전주지방법원 군산지원 2018.05.17 2017가단53178
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, from around 2004 to around 2006, implemented Lottery Fund Support Project to foster unreported welfare facilities, etc. (hereinafter “instant Support Project”) for the purpose of promoting the access to the system of unreported welfare facilities and improving the welfare level of facility residents by supporting the functions reinforcement project, such as the construction and expansion of unreported welfare facilities.

B. As a project undertaker’s role in implementing the instant support project, the Ministry of Health and Welfare has formulated a basic plan and guidelines for the support project, allocated subsidies to each City/Do, and supervised and supervised overall support projects; distribution of subsidies to each Si/Gun/Gu; determination of facilities and amount of subsidies to be provided within each City/Do; support and coordination necessary for the support project; guidance and supervision on overall support projects of each Si/Gun/Gu; execution of projects to be recommended and supported; receipt of reports; repair of defects; and management after the support project; and overall management of other support projects.

C. The Plaintiff, who operated the unreported welfare facility, was supported by the Lottery Fund pursuant to the instant support program by the Defendant, and completed each of the instant registration of creation of mortgage around the Defendant and the maximum debt amount at KRW 547,50,000.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination:

A. The Ministry of Health and Welfare, which implemented the instant support project, agreed to cancel the registration of the establishment of the neighboring facilities when operating 10 years after receiving subsidies from the head of the facility of the unreported welfare facilities, such as the Plaintiff, and meeting the requirements for welfare facilities.

The secured claim of each of the instant mortgages in the event the grounds for rescission of an agreement contrary to the purpose of the agreement arise within 10 years from the payment of the subsidy.

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