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(영문) 서울중앙지방법원 2018.07.06 2017가합522384
기타(금전)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a E religious organization F local church belonging to A religious organization, and the defendant foundation is an incorporated foundation established by A religious organization to manage and dispose of the church properties belonging to a religious order, and the defendant church is a H local church belonging to A religious organization.

B. Each real estate listed in the separate sheet Nos. 1 through 3 has completed the registration of ownership transfer for the building listed in the separate sheet Nos. 1 and the land listed in the above list No. 2 of Sep. 12, 2004 as the gift on Sep. 12, 2004, and completed the registration of ownership transfer for the land listed in the above list No. 3 of Dec. 9, 2004 as the gift on December 1, 2004, as to the land listed in the above list No. 3 of the above list No. 3 of the above list, except when the name stated in the previous document is cited as it is.

In addition, on February 2, 2007, the defendant foundation completed the registration of transfer of ownership on November 30, 2006 for the land indicated in Paragraph 4 of the above list, which was the neighboring land of each real estate listed in Paragraphs 1 through 3 of the above list.

C. Each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) is above B.

The property used and managed by the plaintiff around the registration date of each transfer of ownership in the port was transferred to the basic property of the defendant Foundation and registered in the list of basic property. On June 25, 2010, the property used and managed by the defendant church was changed.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, 9, Eul evidence 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The plaintiff asserted as to the real estate of this case against the defendant foundation by the lawsuit of this case.

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