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(영문) 서울중앙지방법원 2015.02.04 2014가합44692
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The summary of the case is the case that the Plaintiff seeks to cancel the registration of transfer of ownership in the name of the Defendant by the trust on the ground that the trust contract that the Plaintiff entered into with the trustee as the Defendant on each real estate listed in the separate sheet (hereinafter referred to as “trust real estate”) has become null and void or void due to cancellation.

In fact, in around 1976, 36 members of E, such as D, who were residing in Yongsan-gu Seoul Metropolitan Government, for the creation of the plaintiff temple and the public recognition of B, purchased five lots, such as Gwangju City FF Road, around 1976, and constructed the plaintiff temple on the same day in around 1980.

B, around September 1985, upon taking office as the Plaintiff’s chief secretary, filed an application for the registration of a member with the Plaintiff on August 13, 1987, and registered as its member.

Real Estate Trust B, etc., on behalf of the plaintiff, shall be named as the plaintiff in the name of the plaintiff.

On November 24, 1989, the registration of ownership transfer in the name of the Plaintiff was completed on each of the above lands, etc., by filing a lawsuit for ownership transfer registration against the title trustee of each real estate, etc. listed in attached Tables 2 and 3, which was included in the land purchased under paragraph (1).

In addition, as the plaintiff's well-known, B purchased the real estate, etc. listed in attached list No. 1, and completed the registration of ownership transfer in the name of the plaintiff on June 2, 198.

Attached Form

The real estate listed in the list 4, paragraph 5 is each building constructed on each real estate listed in the list 1, 2, and 3, and the real estate listed in the attached list 4 was completed on December 24, 2008, and the real estate listed in the attached list 5 was completed on July 22, 2009 in the name of the plaintiff as the representative B.

With respect to the real estate listed in Section 1, 2, and 3 of the Attached List on October 26, 2006, each real estate is based on the trust on October 25, 2006, and the real estate listed in Section 4 of the Attached List on December 24, 2008 is based on the trust on December 23, 2008, and on July 30, 2009, on the same day.

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