소유권이전보존등기 외 명도소송
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion is the pastor of the C church, and around April 9, 1986, the plaintiff purchased the building without permission on the first floor (hereinafter "the building without permission in this case") of Songpa-gu Seoul Metropolitan Government D, and used it as the church, the consignee, and the company house. However, around 1988, the Seoul Metropolitan Government entrusted the defendant with the removal and compensation affairs related thereto while performing the F Corporation located in Songpa-gu Seoul E, Seoul, and the defendant agreed to transfer the ownership of each real estate (hereinafter "the store in this case") listed in the separate sheet owned by the Seoul Metropolitan Government to the plaintiff as compensation for the removal of the church portion among the unauthorized buildings in this case.
Nevertheless, the Defendant did not perform the obligation to transfer ownership under the above indemnity agreement, and caused B, etc. to illegally occupy the instant store.
Therefore, the defendant is obligated to implement the registration procedure for ownership transfer on the ground of the above compensation agreement in 1988 with respect to the store of this case and to leave B from the store of this case and to deliver the store of this case to the plaintiff.
2. It is not sufficient to recognize that the Defendant offered the instant store to the Plaintiff as compensation for the removal of the instant unauthorized building on or around 1988 only with the statements of Gap evidence Nos. 1 through 19 (including the paper numbers) and testimony of witness G, and there is no other evidence to acknowledge this otherwise. Thus, all of the Plaintiff’s assertion on this premise is groundless.
3. Therefore, the plaintiff's claim is dismissed as without merit. It is so decided as per Disposition.