(영문) 청주지방법원 충주지원 2018.05.15 2017가단21766

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(영문) 청주지방법원 충주지원 2018.05.15 2017가단21766

근저당권말소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Ministry of Health and Welfare, from around 2004 to around 2006, implemented the Lottery Fund Support Project to promote the access to the system of unreported welfare facilities and improve the welfare level of those who have not been reported (hereinafter “instant Support Project”) with the aim of promoting the access to the system of the unreported welfare facilities and improving the welfare of those who have not been reported.

B. On September 8, 2006, while operating non-reported welfare facilities in the real estate listed in the attached list (hereinafter “instant real estate”), the Plaintiff entered into a contract with the Defendant to receive financial support for building extension (hereinafter “instant support contract”) pursuant to the above support program, and completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) in the Defendant’s name under the Cheongju District Court No. 16817 of Jun. 7, 2013 as to the instant real estate.

Article 7 (Continuation of Operation of Social Welfare Facilities as Terms of Support) The plaintiff shall continue to operate the Social Welfare Facilities during the contract period, and shall not discontinue the operation of the Social Welfare Facilities or transfer the right to operate the Social Welfare Facilities without the

Article 8 (Consultation on Transfer of Property Rights to Building Site and Building) Where the Plaintiff has faithfully performed the above obligation to report and the obligation to continuously operate social welfare facilities, the Defendant may enter into an agreement on the transfer of property rights to the site and building which is the object of this contract at the time of determining a reasonable period of time.

Article 17 (Creation of Collateral Security) The defendant shall vest the ownership of the entire building in the plaintiff, but shall set up a right to collateral security with the amount not exceeding 1.5 times the construction cost disbursed for the extension, rebuilding or renovation of the building as the maximum debt amount.

Article 26 (Cancellation and Termination of Contract) In the following cases, the defendant may cancel or terminate this case without giving notice to the plaintiff, and may exercise all the rights under this case:

1. The plaintiff.

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