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(영문) 서울고등법원 2017.12.13 2017나2024760
창건주지위확인 등
Text

1. The plaintiff's appeal is all 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. Defendant B (hereinafter “Defendant B”) who was created in Yong-Nam Nam-gun E is the inspection of Defendant B, which belongs to Defendant B, who was registered in the Defendant B, B, and is the inspection of the U. S. M. M. M. and M. that was registered in the Defendant B.

B. Around 1963, D around 1963: (a) buildings, such as 1,091 square meters of forest land E, including law and bonds, were built; (b) on November 6, 1990, the registration of ownership transfer was completed on October 25, 1990 in the name of Defendant B on the building.

On April 24, 1975, the registration of ownership transfer was completed in D and I on the above land, and on December 13, 1990, the registration of ownership transfer was completed on November 20, 1990.

C. Since November 1, 1989, G was in office as the chief of Defendant B, and died on September 12, 199. From January 9, 2001, H, the father of the Plaintiff, was in office and died on April 1, 2006.

Defendant B, on July 17, 2014, was appointed the Plaintiff as the manager of Defendant B’s company, and on December 30, 2015, Defendant B dismissed the Plaintiff on the ground that “Defendant B was verified to be operated by C, not the Plaintiff,” and at the same time appointed C as the chief of Defendant B.

E. The relevant provisions of the Act on the Inspection of Unborn Korean Buddhist Buddhist Temples (hereinafter “Inspection Act”) are as follows:

Article 4 (Building and Registration) (1) The species of paper and believers of this species may be built in a temple.

(2) When a paper building a temple, registration shall be made to the end of the temple.

(3) Non-person who is not a paper map may construct a temple and register it in the final group.

Article 7 (Classification of Inspections) (1) The inspection of this kind shall be classified as follows according to historical history and creative research institute:

1. 종단공찰(宗團公刹) 라) 종도가 사찰을 창건하여 (사찰재산이) 종단(종무기관 또는 종단 소속법인 으로 증여된 사찰로 소유권등기가 법인 또는 사찰 명의로 되어 있는 사찰 소유권등기란 사단법인 한국불교태고종중앙회, 재단법인 한국불교태고원, 한국불교태고종 사 또는 ...

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