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(영문) 서울고등법원 2019.01.18 2017나2066115
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The attached list 1, 3.3 added by the trial court among the main offices of this case.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. (1) Around March 2, 1992, the Defendant, as a pastor, leased a building located in Seocheon-si, and opened a Diplomatic Association Flag at this place, and joined the E religious organization Flag. (2) On March 8, 1997, the Defendant purchased a sale price of KRW 2,133 square meters (hereinafter “G land”) for the purpose of using it as a land for wedding dividends at KRW 600 million, and completed the registration of ownership transfer in the name of the Defendant under the name of the vice branch of the Incheon District Court, Seocheon-gun Kimpo-si, Kimpo-si, 1997, as the receipt on July 2, 1997.

In order to purchase the above land, the Defendant borrowed KRW 300 million from H association, and as security, completed the registration of creation of a neighboring mortgage against the above land, the maximum debt amount of KRW 450 million on July 2, 1997, and the debtor.

3) On December 1, 1997, the Defendant sold the G land of KRW 721 square meters to I in KRW 350 million. On March 31, 1998, the Defendant divided G land into G land of KRW 721 square meters and J 1,412 square meters, and completed the registration of transfer of ownership on April 6, 1998 with respect to KRW 721 square meters in G 721 square meters. Thereafter, on April 1, 1998, the Defendant completed the registration of transfer of ownership on April 1, 1998 with respect to KRW 1,412 square meters in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “former land”).

B. B. (1) On May 13, 200, the Defendant obtained a building permit from the Kimpo-market on May 13, 200, constructed a building listed in paragraph (2) of the attached Table (hereinafter “instant building”) on the land before the instant partition, and completed the registration of ownership preservation on May 8, 2001.

2) On May 30, 2001, the Defendant: L Co., Ltd. (hereinafter “L”) with respect to the instant land and the instant building before the instant partition.

(3) On June 9, 2001, the Defendant completed the establishment registration of the Plaintiff church on the instant building on the following day: (a) on the same day, the establishment registration of the mortgage was revoked in the name of H association, which was completed with respect to the instant land prior to the division; and (b) on the same day, the establishment registration of the mortgage was completed.

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