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(영문) 의정부지방법원 2019.05.10 2018나211700

소유권말소등기

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. Status of the party: The plaintiff is a church belonging to A religious organization, and the defendant E was a person who served as the plaintiff's standing pastor from December 5, 1985 to July 14, 2009 established by the plaintiff.

B. Defendant D completed the registration of ownership transfer on the ground of sale on November 28, 1994 with respect to the real estate, as it is located in AB Ri of Gyeonggi-gun AE (the title of all real estate after it is changed to AF) in Gyeonggi-gun P, Gyeonggi-do, where the registration of ownership transfer was completed under AD’s name as of December 3, 1994.

(2) The network K completed the registration of ownership transfer on May 21, 1986 with respect to 4090 square meters prior to V on May 22, 1986.

(3) On May 26, 1986, the network K completed the registration of ownership transfer on May 21, 1986, with respect to S 1,749 square meters for which the registration of ownership transfer was completed under the name of Q 337 square meters, AG, etc. at the time, and on May 21, 1986.

C. On April 15, 1995, the Plaintiff entered into a sales contract to purchase the real estate of KRW 420 million with the non-party church, network K or Defendant D, where the transfer of ownership was completed under the name of the non-party church, network K or Defendant D between the Plaintiff and the non-party church. On the date of the contract, and on December 28, 1995, the Plaintiff paid the non-party church totaling KRW 420 million to the non-party church as the sales price.

① L forest 4,364 square meters (the name of the non-party church at the time, the remaining part was divided into M, and the remaining part is later converted into N religion site) ② 692 square meters (the name of the non-party church at that time) of O forest 692 square meters (the name of the non-party church at that time) (the name of the non-party church) < Amended by Presidential Decree No. 1,322 square meters (the name of the defendant D at that time) - The attached list No. 6 of Qle 337 square meters (the name of the Dong K at that time, and the remaining part was merged into 622 square meters) - The land related to the land attached Table No. 4 of Qle 37 square meters (the name of the non-party church at that time, the name of the non-party church at that time, and the remaining part was divided into 1,464 square meters, and the land category of