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(영문) 광주지방법원 2018.05.18 2017나56390

소유권 이전 등기 말소

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1. The judgment of the court of first instance is modified as follows.

The defendant shall be the plaintiff, and each real estate listed in the separate sheet No. 1.

Reasons

1. The reasons for this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning for this part of the judgment on this issue is as follows: (a) the pertinent part of the judgment of the first instance (from No. 46 to No. 92) is identical to the corresponding part of the judgment, except where the statement of No. 24 to 35 and the testimony of a witness AB submitted by this court is added as evidence of insufficient evidence of the defendant's assertion; and (b) thus, this part is cited in accordance with the main sentence of Article 420 of the

3. Judgment on the merits

A. The registration of ownership transfer was completed on January 16, 2012 with respect to each real estate listed in the separate sheet No. 2 in which the registration of ownership transfer was completed under the name of the plaintiff for cancellation of the registration of ownership transfer as to each real estate listed in the separate sheet No. 1 listed in the separate sheet No. 1, and the defendant's name was cancelled on October 25, 2010, and the fact that the defendant occupied each of the above land was dismissed on October 25, 2010. As seen above, it is reasonable to view that the defendant was dismissed on October 25, 2010 by the plaintiff on October 25, 2010. Accordingly, the conclusion of the above gift contract with the plaintiff as the representative of the plaintiff is null and void as the act of a person

Therefore, the defendant should implement the procedure for cancellation registration of transfer of ownership No. 2 in relation to each real estate listed in the attached list 1 to the plaintiff.

B. Comprehensively taking account of the overall purport of the arguments, Article 120(1) of C’s Constitution provides that “The property belonging to a temple shall not be sold, donated, offered as security, rented, recognized, or disposed of without the approval of the president of the General Affairs Office,” and Article 120(2) of C’s Constitution provides that “The property belonging to the temple shall not be sold, donated, offered as security, rented, recognized, or disposed of without the approval of the president.”