소유권말소등기
1. The plaintiff's primary claim and the primary claim against the defendant C are dismissed, respectively.
2. Defendant C shall be the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a church affiliated with F, an incorporated foundation, located in the Sound Group E (hereinafter “Plaintiff-affiliated foundation”), and Defendant C is the head of the Plaintiff and the head of the finance division.
B. On July 4, 2001, Defendant C entered into a sales contract with Defendant D to purchase KRW 115,000,000 (hereinafter “instant first sales contract”) of KRW 1,851 square meters prior to the partition of its ownership (hereinafter “G land prior to the partition”). Accordingly, on July 5, 2001, the transfer registration under Defendant C’s name was completed.
The G land before subdivision was divided into 1,152 square meters before G (hereinafter “instant church site”), 305 square meters before H prior to H (the real estate indicated in paragraph (1) of attached Table 1; hereinafter “instant land”), 349 square meters prior to I, (the real estate listed in paragraph (2) of attached Table 2; hereinafter “instant land”), 5 square meters prior to J Miscellaneous land, and 40 square meters prior to K.
As to the present church site of this case, on November 29, 2003, the registration of transfer of ownership was completed on the ground of donation in the name of the foundation to which the plaintiff belongs.
C. On December 13, 2006, Defendant C entered into a contract with Defendant D to purchase KRW 1742 square meters (hereinafter “instant contract for the second sale of land before division”) prior to the partition of the said land at KRW 100,000,000 (hereinafter “instant contract for the second sale of land”). Accordingly, on December 14, 2006, the registration of ownership transfer was completed under Defendant C’s name.
The L before subdivision was divided into 1,279 square meters (the real estate indicated in paragraph (3) of the attached Table; hereinafter referred to as “instant land”) and 463 square meters before M (the real estate indicated in paragraph (4) of the attached Table; hereinafter referred to as “instant land”).
The Plaintiff obtained a building permit on November 14, 2013 to build a new church building on the land, and Defendant C submitted a written consent to the use of the land around that time.
[Reasons for Recognition] Unsurged Facts, Gap, Gap, Eul, 11, 13.