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(영문) 의정부지방법원 2014.06.03 2014구합7058
법인설립허가취소처분 취소 청구의 소
Text

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 Plaintiff, as a non-profit medical corporation for the purpose of establishing and operating a medical institution, is a non-profit medical corporation with the basic property as C, 796 square meters, and one unit of reinforced concrete structure, 196 square meters and its ground, and two Do-D large scale, 995 square meters and its ground reinforced concrete structure (framed), three-class neighborhood living facilities, 194 square meters and 194 square meters for E-road (hereinafter “basic property”) at the time of Pakistan-si, which owned the basic property, and was established and operated by a medical corporation on July 30, 2010, and was approved to establish and operate a medical corporation on July 30, 201.

B. On April 7, 2010, the Plaintiff’s fundamental property was established with a joint collateral mortgage of KRW 1.3 billion with the maximum debt amount of KRW 1.3 billion, the debtor B, and the Pakistan Livestock Industry Cooperatives (hereinafter “instant collateral mortgage”). However, on the contrary, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on September 6, 2010.

C. On January 17, 201, according to the Plaintiff’s application for permission to dispose of the fundamental property, the Defendant cancelled the instant collateral security amount of KRW 1 billion with the actual secured debt established on the fundamental property, and at the same time granted a loan of KRW 1.2 billion with the underlying property to the Convergence Savings Bank as collateral, and repaid the above KRW 1.2 billion with the loan of KRW 1.2 billion, and the remainder of KRW 200 million with the permission to dispose of the fundamental property for the smooth operation of the hospital

(hereinafter “instant permission”). D.

However, the Plaintiff, without permission on January 28, 201, did not perform the loan procedures with respect to the Convergence Savings Bank according to the instant permission, set up a joint collateral security of KRW 1 billion with respect to fundamental property, the debtor, and the mortgagee G, and did not cancel the instant collateral security.

E. Accordingly, on June 19, 2011, the Defendant ordered the Plaintiff to cancel the instant right to collateral security in accordance with the instant permission. The Defendant urged the Plaintiff to implement the instant right to collateral security again on October 23, 2013, and did not implement the instant order until November 25, 2013.

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