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(영문) 의정부지방법원 2018.11.21 2017가합57165
봉안당 설치 명의변경절차 말소등록 청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff owned a total of 13 lots of land, including Gyeonggi-si C, D, E, F, G (hereinafter “instant land”) in the Plaintiff’s wife H.

B. On January 2006, the Plaintiff’s Dongin I made a report on the installation of a so-called "J" in the name of "J" to the head of Bupyeong-gu Gun on the land of this case as the project site, and the same year.

2. Around September, 200, after obtaining a building permit from the head of Si/Gun, started installation works for a furnal.

(hereinafter referred to as the “each of the instant Party”). C. The salary party established and reported on the instant land (hereinafter referred to as the “instant Party”).

On June 19, 2008, the Plaintiff completed the registration of ownership transfer in the J (Representative I) on the instant land.

On June 22, 201, 201, upon the application for voluntary auction by the Clean Saemaul Depository, which is a mortgagee, the right to collateral security, the decision of voluntary decision to commence the auction of the instant land was rendered, and the instant land was sold in the said voluntary auction procedure and L completed the registration of ownership transfer on the instant land on June 25, 201.

E. The Defendant, on October 26, 2015, was appointed as the Chief Director of the National Institute of Religious Organizations on the instant land in consultation with L and M, who acquired the ownership of the instant land, and provided the said L with the bid fund for the instant land, to resume the construction-sale project on the facilities of the Religious Organization, which was located on the instant land.

F. On March 3, 2016, the Plaintiff entered into a comprehensive transfer and takeover agreement (hereinafter “instant agreement”) with the Defendant on March 3, 2016, where the instant land, which was the business site, was difficult to proceed with the installing project of the Dobong Party as it sold to L.

The transferor: The transferee of the transferred business by the plaintiff: the transferor and transferee of the transferred business by the religious organization (J) shall enter into an agreement on the transfer and acquisition of all of the installation works for which the permission for establishment of the religious organization (J) was obtained from Pyeongtaek-gun and the subsequent business rights under the following conditions:

3. The transferor of the business right will proceed with the business with the permit only.

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