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(영문) 수원지방법원 여주지원 2018.06.20 2017가합5852
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 2004 to 2006, conducted support projects for conditional reported and unreported social welfare facilities (hereinafter “instant support projects”) on the basis of financial resources created by the Lottery Fund (hereinafter “instant support projects”).

Article 1 (Purpose) The purpose of the instant support agreement is to provide financial support for the purchase of buildings by social welfare facilities on condition that “the local government shall provide support for the purchase of buildings and prescribe matters concerning the rights and obligations thereof” as part of the Lottery Fund Support Project for Unreported Welfare Facilities, 2006.

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 period of the instant support contract, and may not abolish or transfer the right to operate the Social Welfare Facilities without the defendant's written consent.

Article 8 (Consultation on Transfer of Ownership on Building Site and Building) Where the plaintiff faithfully performs the above duty to report and the duty to continuously operate social welfare facilities, the defendant may enter into an agreement on the transfer of ownership and other property rights of the site and building which is the object of the support contract of this case to the plaintiff at the time of determining reasonable

Article 26 (Effective Period and Period of Contract) The support contract in this case shall take effect from the date of contract execution, and shall be ten years from the date of the name of the building, but may be extended in consultation with the parties.

B. While the Plaintiff operated a non-reported social welfare facility under the name “B” in the name of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the Plaintiff filed an application with the Defendant for support for purchase of buildings following the purchase of social welfare facilities to receive subsidies for the instant support project, and entered into a contract with the Defendant for support for purchase of buildings (hereinafter “instant support agreement”) on April 7, 2006.

In this case.

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