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(영문) 서울중앙지방법원 2015.10.16 2015가단5192572
부당이득금
Text

1. The plaintiff, Jongno-gu Seoul Metropolitan Government KRW 22,341,950, and the defendant Seoul Metropolitan Government KRW 12,470,50 and each of them.

Reasons

1. Basic facts

A. The Plaintiff’s gift 1) on December 14, 2005 each real estate listed in [Attachment 1, 2, and 3 (hereinafter “instant B real estate”) in [Attachment 1, 2, and 3] (hereinafter “instant real estate”).

(2) On December 16, 2005, the Plaintiff and E have terminated the registration of ownership transfer under the name of C, D, E, and F with respect to each one-fourths of the instant B real estate on February 27, 2006, and they again donated the said shares to E on May 18, 2007, and completed the registration of ownership transfer under the name of E on May 22, 2007.

B. 1) The Plaintiff donated the instant G real estate with C and D, as well as each of the real estate listed in paragraphs 4 and 5 of the attached Table Nos. 4 and 5 (hereinafter “instant G real estate”).

2) On August 1, 2006, the church located in the G real estate of this case, which was prepared by the articles of incorporation for the purpose of worship, reading, education, clothes, Jeondo, etc. as to the religious association of H religious organizations, as the church located in the G real estate of this case, was prepared for the purpose of changing the building part of the building and establishing the ICO, donated the G real estate of this case to the above church and using it as the church property.

In addition, on August 31, 2006, the above church operation committee, which made the wife of C, C, and C as operating members of J, D, and D, elected C, and D as joint representatives.

3) On September 5, 2006, the Plaintiff entered into a donation agreement with the H Religious Organization I and the instant G real estate, and on September 14, 2006, registered the ownership transfer on the ground of donation under the name of the said church. 4) C, etc. changed the name of the said church to K on July 26, 2008, and changed the indication of the instant G real estate to K on October 17, 2008.

(hereinafter referred to as “H Religious Organization I intersection” and “K” are all referred to as “instant church”).

The Plaintiff cancelled the ownership transfer registration under the name of the instant church as C, J, D, L, E, and the instant church at the Seoul Central District Court 2008Gahap897555.

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