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(영문) 청주지방법원 제천지원 2018.10.24 2017가단20797
근저당권말소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Ministry of Health and Welfare, from around 2004 to around 2006, implemented support projects for conditional and unreported social welfare facilities on the basis of the financial resources raised by the Lottery Fund.

The competent Si/Gun/Gu has performed follow-up management, such as recommendation of facilities eligible for support, execution of support projects, and asset management.

B. On November 7, 2006, Plaintiff A entered into a contract with the Defendant for supporting the extension, renovation, and repair of buildings in social welfare facilities with the following contents.

C is different from the above support contract with the defendant, and the content was almost the same.

(2) The purpose of this contract is to provide financial support for the extension, rebuilding or renovation of buildings in social welfare facilities and to provide matters concerning the rights and obligations thereof, as part of the “Support Project for the Reinforcement of Personal Operation Facilities” in Article 1 (Purpose).

Article 7 (Continuation of Operation of Social Welfare Facilities as Terms of Support) The operator of a facility shall continue to operate the Social Welfare Facilities during the period of the contract, and shall not waive the operation of the Social Welfare Facilities or transfer the right to operation thereof without the defendant's written consent.

Article 8 (Consultation on Transfer of Property Rights to Site and Building) Where a facility operator has faithfully performed his/her duty to report and to continue to operate social welfare facilities, the defendant may enter into an agreement on the transfer of property rights to the facility operator of the site and building which is the object of this contract at a reasonable time of decision.

Article 17 (Establishment of Right to Mortgage) The defendant shall vest the ownership of the whole building in the facility operator, but set up a right to collateral security with the amount not exceeding 1.5 times the construction cost disbursed for the extension, reconstruction or renovation of the building as the maximum debt amount.

Article 18 (Restriction on Disposal) Facility Operators shall be the building in this case.

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