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(영문) 울산지방법원 2013.06.28 2012가단17485
소유권이전등기말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On June 13, 1978, the plaintiff temple registered the plaintiff temple on the Korean Buddhist Buddhist Ships (hereinafter "the plaintiff temple") on June 13, 1978, and the plaintiff temple paid the annual contribution for the species of the temple. The plaintiff temple paid the annual contribution for the species of the temple.

The defendant corporation is an organization that represents the type of religious service and exercises overall control over the religious affairs of the religious group.

B. On July 18, 1981, with respect to each real estate listed in the separate sheet (hereinafter “each land of this case”) including the land for the plaintiff temple, the ownership transfer registration was completed in the name of the plaintiff temple on July 18, 1981. On December 19, 2006, the ownership transfer registration was completed in the name of the defendant corporation on the ground of donation on December 11, 2006.

C. Since the Defendant corporation appointed D on March 7, 200 as the chief inspector of the Plaintiff’s temple, it continued to appoint D as the chief inspector (the term of office of the senior chief secretary of the Plaintiff’s temple is four years). As a dispute arises between D and the director of the Plaintiff’s temple with respect to the disposal of the property of the Plaintiff’s temple, six members, including E and F, etc., who are the directors of the Plaintiff’s temple, shall hold a board of directors on October 21, 2006, and make a resolution to remove D from the chief inspector of the Plaintiff’s temple, and notify D of the removal (the expulsion) to D on March 19, 207 by content-certified mail.

Nevertheless, the defendant corporation did not recognize it and appointed D again as the chief inspector of the plaintiff's temple on March 15, 2010 with the expiration date on March 14, 2014.

D) On December 3, 2006, D and the directors of the Plaintiff’s temple prepared the minutes of the board of directors’ meeting on December 3, 2006, stating that the directors of the Plaintiff’s temple attended the board of directors and passed a resolution to donate all of the Plaintiff’s temple property to the Defendant’s corporation. In fact, on the above date, the board of directors was held by those who are not the directors of the Plaintiff’s temple. Accordingly, E and F filed a lawsuit against D for confirmation of existence by the board of directors’ resolution with the Ulsan District Court 2007Gahap4048, and there is no resolution of the board of directors’ resolution as of July 24, 2008 by this court.

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