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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The defendant is an incorporated association whose purpose is to set up a church in each region and to set up a Korean church. The plaintiff is a member church under the defendant's jurisdiction.
B. On March 14, 2005, the Defendant entered into a commercial supply contract with the I apartment reconstruction association (hereinafter “I apartment reconstruction association”) with the content that the Defendant purchases each real estate listed in the attached list (hereinafter “instant real estate”) from I association in the attached list of KRW 787,152,00 ( separate value-added tax of KRW 18,758,656).
C. On May 2, 2005, the Defendant paid the purchase price to the IF and completed the registration of ownership transfer (the cause of registration: March 14, 2005) in its name with respect to the instant real estate.
After the above sale, the Plaintiff used the instant real estate as a wedding to the present time after performing interior works for the instant real estate, and the certificate of completion of registration of the instant real estate is also kept by the Plaintiff.
【Ground of recognition】 Facts without dispute, entries in Gap evidence 1, 3, 7, and 21, and the purport of the whole pleadings
2. The Plaintiff asserted that he purchased the instant real estate from an I.S. and held the title of the instant real estate in title trust to the Defendant by having the ownership as the Defendant.
On January 8, 2017, the Plaintiff held a temporary joint meeting to cancel the title trust of the Defendant and resolved to recover the ownership of the instant real estate.
The plaintiff terminated the title trust with the defendant through the service of the duplicate of the complaint of this case. Thus, the defendant is obligated to implement each procedure, such as the purport of the claim, with respect to the real estate of this case.
3. Determination
A. As to the source of the purchase price of the instant real estate, the following facts are either a dispute between the parties or a dispute between the parties, and evidence Nos. 23 through 26, and 30 (including a serial number; hereinafter the same shall apply)
(A) The Plaintiff may recognize the evidence of Nos. 3, 4, 20, 25, 26, and 27 according to the purport of the entire arguments and arguments. A) on November 26, 2004.