(영문) 대구지방법원포항지원 2014.02.20 2012가단6590

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(영문) 대구지방법원포항지원 2014.02.20 2012가단6590

소유권이전등기 등

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1. The acquisition intervenor dated November 11, 2013 pertaining to each real estate listed in the separate sheet Nos. 1 and 3 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff (hereinafter referred to as the "Plaintiff church") is a church belonging to the Korea Coast Guard Association and the Korea Coast Guard Association and the defendant (the Korea Coast Guard Association and the Korea Coast Guard Association and the Korea Coast Guard) is a foundation entrusted with the management of each church's properties, separated from the above Korea Coast Guard and the Korea Coast Guard Association.

(hereinafter in combination with the Defendant and the Intervenor, “the Defendant, etc.” and, when referring to the Trade Union, omitted the indication of the Korea Twitter.

On August 19, 1978, each of the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as "each of the real estate in this case", and individually named, the ownership transfer registration under the name of the defendant was completed as of August 10, 1978, and the ownership transfer registration was completed on April 27, 2007 for the real estate in this case as of April 27, 2007.

C. On June 7, 2013, regarding the instant real estate 1 and 3, the Ministry of Justice issued a permit to amend the articles of incorporation in accordance with the disposition of the fundamental property from Gyeongbuk-do, the competent authority, and accordingly, the registration of transfer of ownership in the name of the assignee was completed on July 1, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 43 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 19, 22 and 23, the purport of the whole pleadings

2. The Plaintiff’s assertion that each of the instant real estate was the property that the Plaintiff church held in title trust to the Defendant, and the Intervenor succeeded to the status of the title trustee of the instant 1 and 3 real estate among them. The Plaintiff church terminated the instant title trust agreement by serving a duplicate of the application form for modification of the purport and cause of the claim on November 7, 2013. As such, the Defendant et al. permits the Plaintiff to amend the articles of incorporation as an incorporated foundation following the change of basic property to the competent authority on the ground of the termination of

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