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(영문) 인천지방법원 2017.08.09 2016나13291
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance excluding the addition of the following judgments is the same as the ground of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Additional determination

A. The defendant asserts whether the plaintiff church and the "F church" are the same church, that the plaintiff church and the "F church" are different churches from the date of establishment and the location of their head office. The defendant merely concluded a donation contract with the FF church, and the plaintiff church is not a party to the donation contract, and therefore the plaintiff church cannot seek registration of transfer of the land in this case to the defendant.

The plaintiff church is recognized as having changed the name of the F church in which the defendant was a first pastor, in full view of the purport of the whole arguments in the written evidence Nos. 2, 16, 17, 18, 30, 31.

Therefore, this part of the defendant's assertion is without merit.

(The defendant has withdrawn this part of his claim on the fifth day of pleading in the first instance, but he again asserted at the trial.

Plaintiff

1) Determination as to whether there has been a resolution on the payment of retirement allowances to the defendant in the church, the defendant argued that with respect to the claim for the transfer of the land ownership of the plaintiff church, the defendant is a condition or an obligation to pay retirement allowances to the defendant of the plaintiff church, which was not implemented, so that the plaintiff church is unable to comply with the claim. Thus, the decision on the payment of retirement allowances to the defendant of the plaintiff church constitutes an act of disposal of the church's properties, and thus the decision on the payment of retirement allowances to the defendant of the plaintiff church should be made by the articles of association of the church or by the resolution of the general meeting (Article 275 and Article 276 of the Civil Act). Therefore, in order to recognize the duty to pay retirement allowances to the defendant of the plaintiff church, it should be presumed that the procedure in accordance with the rules such as the articles of association of the plaintiff church or the resolution of the general meeting of the

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