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(영문) 서울고등법원 2017.01.19 2016나8598

소유권이전등기말소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Since around 1990, the Plaintiff (F) acquired the ownership of the real estate listed in paragraph (2) of the attached Table No. 2 of November 28, 1996, the real estate listed in paragraph (1) of the attached Table No. 1 of November 11, 1999, and the ownership of the real estate listed in paragraph (3) of the attached Table No. 3 of September 12, 206, respectively.

(hereinafter referred to as "each real estate of this case" in the attached list)

Upon receipt of the report on the establishment of a charnel in C, the Plaintiff donated the C temple to the Defendant Foundation, and around September 2006, the Plaintiff issued to the Defendant Foundation a certificate of completion of establishment of a religious organization charnel with the content of “the consent to use each of the instant real estate free of charge by the Defendant Foundation,” affixing the Plaintiff’s seal impression affixed on the Plaintiff’s written consent to use of land and buildings. The Defendant Foundation issued a certificate of completion of report on establishment of a religious organization charnel, the content of which is to install a 10,000 gold bars within C from the head of Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

C. After that, the Plaintiff donated each of the instant real estate to the Defendant Foundation (hereinafter “instant gift agreement”), and the registration of ownership transfer was completed in the name of the Defendant Foundation, which was based on the receipt of June 2, 2008 from 12781 to 12781 on May 3, 2008, as to each of the instant real estate, from Cheongju District Court’s Cheongju District Court’s receipt of June 2, 2008, and the amendment was completed on October 2, 2008, to acquire each of the instant real estate as the basic property of the Defendant Foundation.

On August 16, 2011, the Plaintiff sent to the Defendant Foundation a certificate of content that the ownership of each of the instant real estate was returned. Accordingly, on November 7, 201, the Defendant Foundation had already obtained permission for a charnel house, and the Defendant Foundation sent a certificate of content that it cannot respond to the fact that each of the instant real estate became the fundamental property of the Defendant Foundation, and thus, the content certification related to the ownership of each of the instant real estate was exchanged several times between the Plaintiff and the Defendant Foundation.

E. The Plaintiff and the Defendant Foundation to the following purport on November 15, 201.