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(영문) 부산지방법원 2018.05.24 2017가단18626
건물명도등
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 is a juristic person established to protect the property under the jurisdiction of the high-level senior general meeting of Korea.

B. On September 16, 201, the Plaintiff completed the registration of transfer of ownership based on donation with respect to the Busan B building on the attached list No. 1 (hereinafter “instant real estate”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. The Defendant asserted that the Plaintiff had been donated from August 2008 to August 2008, the Plaintiff resided without compensation in possession of the real estate listed in the separate sheet No. 1 (hereinafter “the part occupied”) among the instant real estate. The Plaintiff, after the donation of the instant real estate, she considered the Defendant as a good mind.

The plaintiff requested the defendant to deliver the part of possession of this case to the defendant who intends to use it for religious purposes since 2016, but the defendant did not perform its duty.

The Defendant is obligated to deliver the instant occupied portion to the Plaintiff, and pay an amount equivalent to KRW 2 million in total and KRW 500,000 per month from February 1, 2017 to May 1, 2017 to KRW 500,000 per month from June 1, 2017 to the completion date of delivery of the occupied portion.

3. Determination on this safety defense

A. The defendant's argument is that since October 2008, the defendant is a pastor who works in the Korean Film Association (hereinafter referred to as the "C church") from March 2008 to the date, and the real estate in this case is the property jointly owned by the members as the dividend of the C church.

The lawsuit of this case is limited to preservation and management of collective ownership property, and the management of the real estate of this case belongs to the authority of the party branch of the C church, and the plaintiff shall undergo a resolution of the party branch in order to file the lawsuit of this case.

The plaintiff is not a member of the church but a legitimate resolution of the church. Therefore, the lawsuit of this case shall be dismissed.

B. The facts of recognition are as follows: Gap evidence 2, Gap evidence 5-1 to 4, Gap evidence 8-3, Gap evidence 9, and Gap evidence 13.

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