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(영문) 인천지방법원부천지원 2017.10.18 2016가합102015 (1)
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) shall pay KRW 200 million to the Plaintiff (Counterclaim Defendant) and its payment from September 10, 2016 to the day of complete payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 192, 192, the Defendant leased a building located in Seocheon-si C, and opened Diplomatic Association at all times, joined the Flag and thereafter joined the E Religious Organization Flag.

B. On March 8, 1997, the Defendant purchased 2,133 square meters of Gungpo-gun Gpo-gun on KRW 600 million, and completed the registration of ownership transfer on the above land on July 2, 1997.

On July 2, 1997, the Defendant borrowed money from H Association to purchase the above land as collateral, and completed the registration of creation of a neighboring mortgage against H Association's maximum debt amounting to KRW 450 million, and the debtor's establishment of a mortgage against the above land.

C. On December 1, 1997, the Defendant sold 721 square meters of 20,000 square meters in purchase price to I on December 1, 1997, Kimpo-gun G field 20,133 square meters in KRW 350,000.

On March 31, 1998, the Defendant divided G field 2,133 square meters into G field 721 square meters and J field 1,412 square meters, and completed the registration of transfer of ownership on April 6, 1998 with respect to G field 721 square meters.

Since April 1, 1998, J-si 1,412 square meters were changed to the name of the administrative district, and therefore, K-si 1,412 square meters (hereinafter “the land before the instant partition”). D.

On May 13, 200, the Defendant obtained a building permit from the Kimpo-market and constructed a building listed in attached Table 2 (hereinafter “instant building”) on the land before the instant partition, and completed registration of ownership preservation on May 8, 2001.

E. On May 30, 2001, the Defendant completed on May 30, 2001 the registration of the establishment of a mortgage over the land and the building of this case, the maximum debt amount of which is KRW 660 million, and the debtor as the defendant.

On the same day, the registration of the establishment of a neighboring association under the name of H association was cancelled.

F. On June 9, 2001, the defendant arranged the establishment of the plaintiff church in the building of this case.

On September 2001, the defendant changed the name of the church from the "Diplomatic Association" to the "Allied Association," which is currently the name of the plaintiff church, on the grounds of the transfer and resumption of the church to the FAO.

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