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(영문) 인천지방법원 2013.07.12 2012가합7362
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From March 23, 2009, the conciliation of the following (hereinafter “instant conciliation”) was established on March 23, 2009, the Defendant filed against the Plaintiff et al. for cancellation of registration of ownership preservation (in Incheon District Court Decision 2007Gahap17396, 2008Gahap340 (combined)).

1. Defendant 1 Hadern Korean Association (hereinafter referred to as the “Defendant church”) (hereinafter referred to as the “Plaintiff”) refers to the Defendant in the instant case, and in the protocol of mediation, the Plaintiff (hereinafter referred to as the “Plaintiff”) refers to the Plaintiff:

A. In accordance with the Aggregate Buildings Act, the religious facilities on the fourth floor of the above ground reinforced concrete structure (refinite concrete structure) and the fourth floor (hereinafter “bridge building of this case”) located in Incheon Strengthening-gun C (which was subdivided into D at the time of the instant conciliation, but the building registry did not have any alteration registration in its building registry) are divided and registered pursuant to the Aggregate Buildings Act; and as soon as the sectional registration of the instant building has been completed, the ownership of the first, second, and third floor of the above building is transferred;

B. By September 30, 2010, the fourth-story ownership of the instant B-dong building is transferred.

2.(a)

The defendant church does not bury the remains inside the fourth floor of the building in question to the plaintiff until the ownership of the fourth floor of the building in question is transferred to the plaintiff.

B. Until September 30, 2010, the Defendant church shall close a report on the establishment of a charnel house on the fourth floor of the instant Bridge building.

C. When the Defendant church did not implement the above paragraph 1-B, 2-A, and 2-B, it refers to the land remaining after D is divided into E on February 18, 2009 with the entry at the time of the instant conciliation, and on April 15, 2009, after the instant conciliation was completed, 33 square meters were added from the land above as of April 15, 2009, and eventually, 3,758 square meters were left, which is the land listed in the attached list, as well as the land listed in the attached list (hereinafter referred to as “instant land”). The attached Form 1 of reinforced concrete structure, concrete roof, and one story of reinforced concrete structure, which are attached to the Plaintiff.

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