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(영문) 서울중앙지방법원 2014.07.08 2013가합67278
소유권이전등기
Text

1. The plaintiff's primary claim and the second preliminary claim shall be dismissed respectively;

2. The plaintiff's first preliminary claim.

Reasons

1. Basic facts

A. The Korean Egymna Association A (hereinafter referred to as the “Korea Egymna Association before separation”) is a church separated from the Korean Egymna Association in Jung-gu Seoul Metropolitan Government on April 10, 1983 from the Korean Egymna Association, which prepared a place for worship and convened with the Gangnam-gu Seoul Metropolitan Government F.

B. On July 4, 1983, G and C, the head of the previous A church before the separation, as at the time of the separation from the above EA church, have 50 million won contributed in a new place to be used as a wedding, and purchased the land and the third floor, third floor, and 4 (hereinafter “F building”) of the building in Gangnam-gu Seoul, Seoul, and the transfer registration was completed in the name of the AB association before the separation, as of December 26, 1984.

C. After that, at a church conference before separation, 7 family members, 17, who are the members of the church support J, who agreed upon the church operation between G and H, were to leave the church conference before separation on November 1, 1993, and establish the Korean Telecommunication Association (hereinafter “the instant church”) with the same name written on the building of Jung-gu Seoul Metropolitan Government (hereinafter “K building”).

On September 14, 2003, the remaining members of the Amer Association before separation changed the name of the church from the Emergian association to the Lmergian association (hereinafter referred to as the "Lmerg association"), and on October 28, 2003, the Lmergian association completed the registration of change of the indication of the registered titleholder who changed the ownership of the F building from the Amergian association before separation.

E. On February 17, 2004, the instant church transferred to 2nd floor buildings in Seongdong-gu Seoul Metropolitan Government (hereinafter “M building”) leased by J, and on June 28, 2004, the instant church received C shares (as stated in the attached list; hereinafter “instant real estate”) from C, the actual owner of the F building on February 11, 2003, from the Plaintiff, who was the actual owner of the F building, and asserted that the instant church received C shares (as stated in the attached list; hereinafter “instant real estate”).

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