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(영문) 수원지방법원평택지원 2017.06.01 2015가단47810
건물명도
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), the ownership transfer registration or ownership registration was completed in the name of C Educational Association (hereinafter “C Educational Association”) regarding each real estate listed in the separate sheet, but the ownership transfer registration under the Plaintiff’s name (hereinafter “instant ownership transfer registration”) was completed on September 11, 2015 on the grounds of sale as of July 29, 2015.

B. The Defendant is a member of the Cridge and has occupied and used the instant real estate from the time when the Plaintiff completed the registration of ownership transfer concerning the instant real estate to the present day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to deliver the instant real estate to the Plaintiff presumed to be the owner of the instant real estate, unless there are special circumstances.

3. Determination as to the defendant's assertion

A. Defendant’s assertion 1) The real rules of the C church provide that the buildings and their sites cannot be sold according to the above rules, which are the same as the certificate No. 12, and Article 6 of the above rules. Therefore, the real estate of this case cannot be sold by the above rules because it falls under the buildings and their sites of the church. Therefore, in order to sell the above real estate, since the procedures for amending the rules have been prior to the sale of the above real estate, the sale of the real estate of this case is null and void, and the rules submitted at the time of the application for the registration of the transfer of the ownership of this case are stated to the effect that the C church can dispose of the property of the C church by the resolution of the Property Management Committee, but they are forged by D, etc., although the resolution of the sale on November 30, 2014 of the C church is valid, the resolution of the sale on November 30, 2014 of the C church is a real estate disposal resolution that is premised on the dissolution of the C church.

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