beta
(영문) 서울중앙지방법원 2021.02.18 2019나79741

소유권이전등기말소

Text

The plaintiff's appeal and the claim added as preliminary in this court are all dismissed.

after the filing of an appeal.

Reasons

1. Basic facts

A. The plaintiff is a member of the E church, who is an individual church of D religious organizations (hereinafter "D religious organizations"), and was a member of the E church, who was a member of the E church.

Part C is the Ministry of Justice.

On December 31, 2002, the Plaintiff newly constructed the Dongjak-gu Seoul Metropolitan Government first floor Jho-ho (as stated in the attached list, hereinafter referred to as the “instant real estate”) and provided it as the worship of the E church.

B. Article 28(1) of the Constitution of the Republic of Korea provides that “The real estate owned by a church, institution, or organization belonging to D religious organizations shall be registered and managed in the name of the defendant,” and Article 19(1) of the church Economic Act provides that “All fixed assets owned by the individual church, etc. of D religious organizations shall be preserved and managed after the registration of incorporation into the defendant.”

The defendant is a foundation established to own and manage the properties of the individual churches belonging to D religious organizations in accordance with the provisions of D religious organizations, and Article 2 of the defendant's management clerical work regulations provides that "the ownership of all the real estate belonging to the church belongs to the defendant, and the defendant shall receive all the real estate belonging to the church from the church and complete it, etc."

(c)

On April 2003, E church filed an application with the Defendant for incorporation of the instant real estate in accordance with the above laws and regulations, such as the Constitution of the religious organization, and at that time, written the following application for incorporation of the instant real estate, and attached the written application to which the Plaintiff was the donor and the Defendant as the recipient of the gift contract.

Accordingly, on April 18, 2003, the Defendant received from the Plaintiff the registration of the transfer of ownership from KJ on the instant real estate due to the said gift agreement.

(d)

E church incorporates the instant real estate into the Defendant and uses it as a dividend, and around March 2015, the E church sought a place of worship as an individual church affiliated with D religious organizations.

In return for the grant of KRW 200 million from the F church, it was integrated with the F church (integrated).