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(영문) 서울고등법원 2015.05.22 2014나12289
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The Defendant was on June 5, 2013 with respect to each real estate listed in the separate sheet No. 1 list to the Plaintiff.

Reasons

1. Basic facts

A. The Korean Association of Diplomatic Supervisors (hereinafter referred to as the “B church”) is an individual church established in the area of Chungcheong C around July 1985 and has been working for the Korean Association of Dental Supervisors (hereinafter referred to as the “instant order”).

The defendant is a juristic person established for the purpose of managing all church's land, buildings, and other properties that belong to the religious order of this case.

B. 1) The land listed in paragraph (1) of the annexed Table 1 list has been used as the site of the church of the B church from May 198 to October 2006, and the buildings listed in paragraph (2) of the annexed Table 1 list have been used as the building of the B church from May 1988 to October 2006. With respect to the above land, the ownership transfer registration was completed in the name of D pastor who was the member of the B church on December 31, 1990, and the above building was completed in the name of B church on March 25, 2003. After that, the registration of ownership transfer was completed on March 31, 2003 with respect to the above land and building, from March 31, 2003 to October 206, the list of the above church's properties has been used as the building of the attached Table 1 list from March 31, 2003 to October 16, 2006.

Since May 20, 198, in the case of the above land, the registration of ownership transfer was completed in the name of E, which was a member of the B church, on March 8, 2007 (the reason for the registration was the donation of March 2, 2007). In the case of the above building, the registration of ownership transfer was completed in the name of the defendant on August 2, 2006 immediately after the new construction.

C. After the death of February 12, 2013 by the D pastor who was a member of the B church, the F, who was appointed as the acting member of the B church, held the church conference on May 1, 2013 (hereinafter “instant church”) and the F, who was above.

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