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The defendant's appeal is dismissed.
Of the appeal costs, the part relating to the intervention by the defendant shall be the intervenor and the remainder.
Reasons
In fact, the Plaintiff was established on July 27, 2012 after obtaining permission to establish a medical corporation on July 26, 2012, and was a medical corporation that opened and operated the Fvalescent on April 26, 2015 with permission to establish a medical institution on April 15, 2015.
On April 11, 2013, the Plaintiff borrowed KRW 300 million through the financial account in the name of the director G, who was the representative of the Plaintiff at the time of the Defendant, and on the same day, concluded a mortgage contract with the Defendant regarding each of the lands listed in the separate sheet (hereinafter referred to as “land”) in order to secure the above loan obligation between the Defendant and the Defendant as indicated in the separate sheet (hereinafter referred to as “the instant land”), with the maximum debt amount of KRW 360 million as to each of the instant lands, and the debtor as the Defendant and the mortgagee, and accordingly, completed the registration of establishment of a mortgage near the Defendant’s name.
(hereinafter) The aforementioned mortgage contract was “the instant mortgage contract,” and the registration of establishment of each of the instant mortgages was completed accordingly.
[Based on the facts without dispute, Gap evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply), legal principles related to determination of the cause of a claim as to the whole pleadings, Article 48(3) of the Medical Service Act, Article 21 of the Enforcement Decree of the Medical Service Act, and Article 54 of the Enforcement Rule of the Medical Service Act provide that where a medical corporation intends to dispose of its basic property, it shall obtain permission from the Mayor/Do governor, and the term "sale donation, lease, exchange, or offer as security" as the concept of "disposition", and the above provision provides that a medical corporation shall always have property necessary for its management by preventing unfair reduction of its property, thereby achieving the proper development of medical care and promoting the protection of national health, thereby achieving the legislative purpose of the Medical Service Act.