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(영문) 대전지방법원 서산지원 2018.11.27 2018가단51480

건물명도(인도)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff church is a church with 61 local arts dividends across the country, including the “D branch” in Yeongdeungpo-gu Seoul Metropolitan Government, etc.

B. Since the Plaintiff church acquired the ownership on November 199, real estate listed in the attached list (hereinafter “instant housing”) was used as a company house attached to E (F) one of the instant dividends of the Plaintiff church, since it acquired the ownership around November 199.

C. Around January 2017, the Defendant sold the instant house to a pastor in charge of E, and from that time, he occupied and used the instant house.

Plaintiff

Article 7(1) of the operational principles of the plaintiff church provides that the administrative affairs council shall decide on the matters delegated by the plaintiff church as the highest deliberative body of the plaintiff church, and Article 7(5) provides that the supervisor (consignor) shall represent the church upon delegation of the administrative affairs council and shall be the highest executor of the church, and the meeting, administration, finance, property, education, construction, and missionary work. In addition, Article 3 of the rules of the administrative affairs council provides that Article 3 of the rules of the administrative affairs council shall clearly state that the subcommittee composed of the chairperson, the title, and the internal collector shall be the deliberative body of the church, and shall deliberate and decide on the matters concerning the recommendation for the appointment and dismissal of the representative of the church as its unique duties. (2) G shall establish the plaintiff church around 1969 and perform his duties as the supervisor of the plaintiff church until December 2012.

G declared on January 3, 2013 that on January 1, 2013, through the inspection of the affairs of the Plaintiff church, H, who was his son, was subject to the supervision of the Plaintiff church as of January 1, 2013.

H subsequently expressed his intention to resign on March 12, 2017 while performing the supervisory duties of the Plaintiff church.

3) G, without going through a separate appointment procedure after H’s resignation, was actually performing the supervisory duties and appointed I as the chief secretary general secretary and the chief secretary of the wooden Council co-operation office on March 13, 2017. 4) The Plaintiff church has been designated through the past announcement of the International Trade Organization List. The Defendant on April 3, 2017.