건물명도(인도)
1. The defendant shall deliver the land indicated in the attached list 1 to the plaintiff, and issue an order to each building listed in the attached list 2.
1. Facts of recognition;
A. The plaintiff temple is a temple belonging to the Korea Buddhist Cho Jae-sung. The defendant started to conduct from the plaintiff temple since 2000, and was appointed from the chief inspector of the Korea Buddhist Cho Jong-sung in around 2001 and managed and operated the plaintiff temple.
B. The registration of preservation of ownership was completed on July 4, 201 with respect to each parcel of land listed in the separate sheet 1, which is the land of the Plaintiff temple (hereinafter “each of the instant lands”). The registration of preservation of ownership was completed on the Plaintiff’s inspection’s name on each of the instant lands, and each of the buildings listed in the separate sheet 2, which are the buildings and their accessory buildings for the religious activities of the Plaintiff temple (hereinafter “each of the instant lands”). It is unregistered on each of the instant lands.
C. The term of office of the Plaintiff’s chief inspector is four years. The Defendant served four consecutive terms as the chief inspector of the Plaintiff’s temple, but the term of office expired on September 8, 2017. On the same day D (legal name: E) was appointed as the inspector of the Plaintiff’s temple.
As of the date of closing argument of this case, the defendant occupies each land and building of this case.
[Reasons for Recognition] Unsatisfy, entry in Gap evidence 2, 3, and 4 (including branch numbers), the purport of the whole pleadings
2. Determination
A. According to the facts found in the judgment as to the cause of the claim, even after the Defendant’s term of office expires as well-known office and has lost its power of representation, the Defendant is obligated to deliver each of the lands and buildings of this case to the Plaintiff Inspection, the owner of each of the lands and buildings of this case, barring special circumstances.
B. As to the Defendant’s assertion, the Defendant asserted that, as the Defendant’s individual temple, “A” is the Defendant, the actual owner of each of the instant land and buildings is the Defendant, and only the Plaintiff was established with an organization that was the Plaintiff in order to prevent any disturbance in the performance of the believers and thus, title trust each of the instant land and buildings to the Plaintiff. However, the evidence submitted by the Defendant alone is alone.