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(영문) 창원지방법원 2016.05.13 2015가단72470
소유권이전등기
Text

1. The defendant (Appointed Party) and the appointed party D, and E shall each share of one-third of the real estate listed in the separate sheet to the plaintiff.

Reasons

1. The NetworkF of Basic Facts (hereinafter “the deceased”) was a member of A religious organizations (the name of law: G) and operated from the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by it as an individual inspection (private inspection) around 2006, and registered with a A religious organization under the name “B” on July 11, 2013, and was appointed as a notice from the end group on the same day and served as the chief inspector of the Plaintiff’s inspection by the time of death on February 12, 2014.

The Defendant (Appointed Party) and the appointed parties D and E (hereinafter collectively referred to as “the Defendants”) completed the registration of ownership transfer on August 21, 2014, each of 1/3 shares of the instant real estate due to inheritance.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 11 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The defendant asserts that the plaintiff temple is merely a non-permanent facility and does not have the substance of a foundation or an association which does not have the ability to do so. Thus, the defendant's defense of this safety is not sufficient to do so.

While the Plaintiff’s temple was built and operated on the deceased’s own, the deceased’s report on the evidence Nos. 8 and 11 states that the deceased agreed on the Plaintiff’s temple’s property in applying for registration to A religious organizations on June 4, 2013, and that the Plaintiff’s religious organization registered the Plaintiff’s temple as the temple affiliated with the religious group and appointed the deceased as the representative of the Plaintiff’s temple, respectively, on July 11, 2013. Meanwhile, according to the A Religious Organization’s Religious Organization’s Religious Act, the deceased’s seats affiliated with the religious group were registered as the religious organization and shall be preserved permanently as the temple by transferring the Plaintiff’s property to the name of the deceased’s religious organization. Thus, the Plaintiff’s temple is registered as the religious organization and the deceased’s religious organization was appointed as the representative of the Plaintiff’s temple.

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