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1. The Defendant’s KRW 45,094,698,038 and KRW 41,804,126,218 among the Plaintiff, shall be from April 5, 2011 to 3,290,571.
Reasons
1. The following facts may be found either as a dispute between the parties or as a whole by taking into account the following facts: Gap's statements (which may include each number; hereinafter the same shall apply) and the whole purport of pleadings, and evidence Nos. 1 through 16, 27 through 30, 42 through 47, 66, 67, 68, 69, and Eul's evidence Nos. 1, 2, 3, 10, 67, 68, 69, 71:
1) On April 28, 2005, the Plaintiff is a domestic corporation established for the purpose of a project financial investment business that operates the company’s assets in real estate development, lease, sale in lots, and management and distributes its profits to shareholders pursuant to the Corporate Tax Act. 2) The Defendant, on October 28, 1963, operated CD in the original name as C, but is known to have been opened to F in 197.
(hereinafter referred to as "D") is an incorporated foundation established with the purpose of raising financial resources to assist in supporting activities for the realization of missionary and educational projects and C's ideology and managing land, buildings, and other property owned by the Foundation.
B. 1) On April 9, 1971, the Defendant concluded a superficies contract, etc. with the Seoul Metropolitan Government on April 9, 1971, the land of Yeongdeungpo-gu Seoul Metropolitan Government is 46,465 square meters (hereinafter “instant land”).
(2) On June 8, 1972, the Defendant completed the registration of ownership transfer under the Defendant’s name. The instant land is incorporated as the Defendant’s fundamental property according to the Defendant’s articles of incorporation. (2) The content of the Defendant’s articles of incorporation relating to the instant land is as follows
[Articles of the Defendant’s articles of incorporation] 20 (Classification of Property) (1) The Defendant’s property shall be divided into fundamental property and ordinary property.
1. The fundamental property shall be real estate or movable property related to the performance of a corporation's objective business and determined as the fundamental property by the founder and the board of directors, and the list shall be as specified in attached Table 1;
2. Ordinary property shall consist of property other than fundamental property.
(2) A list of the fundamental property of the defendant shall be prepared and reported to the competent authority.
Article 21 (Disposition of Fundamental Property) The defendant.