1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. (1) After the implementation of the project for supporting unreported social welfare facilities, a fire occurred in the unreported social welfare facilities located in the Chungcheongnam-gun, the Ministry of Health and Welfare conducted a fact-finding survey on the unreported social welfare facilities nationwide. (2) As a result of the investigation, 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 reveal problems such as corruption and lack of safety facilities, etc., the Ministry of Health and Welfare conducted a support project for unreported and unreported social welfare facilities (hereinafter “instant support project”) based on the financial resources raised by the Lottery Fund from 2004 to 2006.

3) The purpose of the instant support project was to promote the access of unreported social welfare facilities to the system and improve the welfare level of facility occupants by supporting the project for strengthening functions, such as the construction and expansion of unreported welfare facilities. The Defendant and local governments like the Defendant are in charge of follow-up management, such as recommendation of facilities subject to support and the progress of support projects, asset management, etc. The basic principles of support are as follows: ① since the purpose of support for facilities and equipment is to improve the level of welfare of the livelihood, support for the head of the facility is to ensure that there is no effect of increasing private property; ② grant autonomy to the head of the facility who continuously operates the social welfare facilities to operate the facility; ② After the conclusion of the support contract, the Plaintiff was operating the unreported social welfare facilities under the name of “F” in the Chungcheongbuk-gun E, Chungcheongnam-gu, 205, on or around April 2005, on the ground of building construction and operation of the building on the above land, and on the condition that the social welfare facilities continue to be operated.