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(영문) 수원지방법원 2019.02.15 2017가합20916

소유권이전등기

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1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is based on the sale on July 27, 2015.

Reasons

1. Presumed factual basis

A. A religious organization was established on July 27, 2015 between the original and the Defendant, who falls under the non-corporate association, and the real estate sales contract was established.

The content of the contract is that the Defendant sold each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Plaintiff in the purchase price of KRW 7.9 billion, the Plaintiff paid the down payment of KRW 690 million on the date of the contract, and the Plaintiff paid KRW 5.71 billion on the date of the contract in the manner of repaying the obligation to the Association, which is a senior mortgagee of the instant real estate, on the date of the contract. The remainder KRW 1.5 billion should be paid in the manner of repaying the obligation to D Co., Ltd. (hereinafter “D”), which is a subordinate mortgagee at the time of September 8, 2015, to purchase the corporeal movables of each of the instant real estate at KRW 200 million, and the Defendant agreed to deliver each of the said real estate at the same time as the remainder payment on September 8, 2015, which is the remainder payment date.

(hereinafter referred to as "the sale in this case"). (b)

As of July 20, 2015, the minutes of the meeting of the defendant's Steering Committee were prepared, and this is written as the resolution of approval for the sale of this case is passed at the full value of all three operating members, and the seals and the official seal of the defendant are affixed to the chairperson E of the Operation Committee (the stude) E of the Management Committee, F of the Operating Committee, three of the members of the Operation Committee, and the seal and the seal of the defendant.

C. On October 7, 2015, the Defendant delivered all relevant documents necessary for filing an application for ownership transfer registration to the Plaintiff. Among them, Article 13 of the Defendant’s Articles of Incorporation provides that “property management and finance” under Chapter 5 of the Defendant’s Articles of Incorporation shall be as follows. At the end of the articles of incorporation, the Defendant’s seal is affixed to the Plaintiff, as the operating committee, E officer E, F officer, and operator’s G internal collector.

However, the registration was not made against the defendant's members who became aware of the contract of this case.

H, which is a senior religious order to which the defendant belongs, defines the plaintiff as a different group.

Article 9:Organization.