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(영문) 서울중앙지방법원 2019.04.25 2018가합554920

소유권이전등기

Text

1. As to the real estate stated in the attached list to Nonparty C Religious Organization Diplomatic Association:

(a)the competent authority;

Reasons

1. Basic facts

A. The defendant is a juristic person established for the purpose of managing the land, buildings, and equipment of all churches belonging to the C religious organization (hereinafter referred to as the “instant religious order”).

C Religious Organization Diplomatic Association (hereinafter referred to as the "Diplomatic Association") is an individual church belonging to the instant religious order.

B. On March 24, 2014, the Plaintiff entered into a contract for new construction works on the real estate in the attached list (current D church buildings; hereinafter “instant building”) with Diplomatic Association and the attached list, and completed the construction work.

After October 20, 2015, registration of preservation of ownership in the name of the defendant was completed on the building in this case.

C. As the Plaintiff did not receive part of the construction cost of the instant building from Diplomatic Association, it filed an application with Diplomatic Association for arbitration against Diplomatic Association for the payment of KRW 718,741,30 (108,901,300 for the original construction cost and KRW 609,840,000 for the additional construction cost) and damages for delay. 1. Diplomatic Association shall pay KRW 430,000 to the Plaintiff KRW 150,000 for the payment of KRW 150,000 until July 31, 2016, among them, KRW 150,000 for the payment of KRW 150,00 until August 31, 2016, and KRW 130,000 for the additional construction cost until September 30, 2016, respectively.

2. If the Diplomatic Association intends to impose the above time limit, it shall lose the benefit of time and shall pay the unpaid amount plus 15% interest per annum from the day following the day of full payment to the day of full payment.

3. The remaining claims of the plaintiff shall be waived.

4. The expenses of arbitration shall be borne by each party.

On July 4, 2016, an arbitral award was rendered with the following content.

The amount of non-paid subsidies as of August 1, 2016; 60,000,000 on August 1, 2016; 8,830,000 on January 1, 2017; 1, 2017; 21,968,700 on December 8, 2015; 3,300,000,000G subsidies on December 1, 2017; 1, 2017; 10.2,00,000,000 on December 10, 2017; 1, 2017: < Amended by Act No. 15035, Jan. 1, 2017; Act No. 14068, Mar. 1, 2017; Act No. 103988, Jul. 1, 2017; Act No. 15539, Sep. 20, 201017>