1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Facts of recognition

If the purport of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 10 (including a serial number; hereinafter the same shall apply) and the whole purport of arguments is added, it is recognized that the plaintiffs, who operated the unreported welfare facility, received from the defendant around 2004 the funding of the fund under the so-called "The so-called Happiness Support Project" for the purpose of fostering the unreported welfare facility, etc., and concluded a mortgage contract with regard to each real estate listed in the separate sheet as the mortgagee, the defendant, and the duration of the construction of each facility, and completed the registration of establishment of each of the instant mortgages.

The summary of the plaintiff's assertion and judgment is that the Ministry of Health and Welfare, around 2004-2005, performed the "unreported Welfare Facilities Support and Management Project" using the support of the Lottery Fund and other private financial resources, etc., and that the Ministry agreed to cancel the registration of the establishment of the existing establishment when it satisfies the requirements of welfare facilities in the process of implementing the project and operates the 10-year conversion into the reported facility after meeting the requirements of welfare

The funds provided by the plaintiffs by the defendant are different in form from the main body of the financial resources or the implementation of the business, and its substance is the same as the above support program implemented by the Ministry of Health and Welfare. Thus, each of the instant collateral security rights should be cancelled at the lapse of 10 years after establishment

The instant right to collateral security was established to prevent the head of the welfare facility from failing to perform the continuous operation of the welfare facility and disposing of the facility voluntarily after receiving the support fund. Since the Plaintiffs had faithfully operated the welfare facility for ten years, the purpose of establishing the right to collateral security has been achieved and the secured obligation has been extinguished, each of the instant right to collateral security should be cancelled.

Judgment

The circumstance or evidence presented by the Plaintiffs alone is ten years, unlike the term of each of the instant mortgages established under the relevant contract.