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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The defendant is an incorporated foundation whose purpose is to do so for the edification and social work of the readers.
B. The plaintiff had been on the part of the plaintiff as a saved wood shed
C church, through its meeting on January 5, 2014, passed a resolution to repair the D church belonging to the defendant and to change the name of the church to E church after repair.
(c)
Since then, the C church and D church were integrated to become the E church, and the E church is integrated with the F church and is using the name of the F church.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 8, the purport of the whole pleadings
2. The plaintiff asserted that the plaintiff agreed to repair the D church, combine the C church and D church with the defendant on December 2013, and complete the D church remodeling work with the costs of KRW 47,567,00 from April 2014 to June 20, 2015. The defendant had the plaintiff unable to use the E church for the original purpose, and caused the damage that could not be returned to the said remodeling work cost. The defendant had the plaintiff gain unfair profit from the cost of the said remodeling work, and thus is obligated to return it to the plaintiff.
3. According to the evidence evidence evidence Nos. 2, 4, 9, and 11, it can be acknowledged that the Plaintiff accepted D churches from April 2014 to June 20, 2015.
However, in light of the fact that the properties of a church, which is an organization of the Germany, belong to the collective ownership of the members of the church, barring special circumstances, the act of repairing a church in his or her own expenses shall be deemed as an annual report or a contribution, unless there are special circumstances, such as the act of the members of the church or the pastor in return for the expenses, and the plaintiff agreed to receive the construction expenses from the defendant.
Since there is no evidence to determine the number of persons, the construction cost incurred for remodeling work of the D church also corresponds to annual reports or contributions.
And Gap 3, 6, and .