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(영문) 대전지방법원논산지원 2016.06.29 2016가합2000
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the costs incurred by the participation, are all assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s property contribution and the Defendant’s establishment 1) are religious organizations established in 1949. F has been appointed as two school proprietors by the first school principal’s will in 1965 and has been engaged in activities up to the present day. According to the articles of incorporation of F at the time of F’s inauguration, the disposition of the Plaintiff’s fundamental property was made by the school principal according to the name of the first school principal who died after consultation with the person in charge of each branch school and the executives of the Grand Association (Article 10) (Article 10. 2). As of August 18, 2015, the Plaintiff’s officers, including F, established a foundation and resolved to donate all of the Plaintiff’s property including this case’s real property, and the Plaintiff’s written consent to donation was affixed with the Plaintiff’s seal impression.

3) On the same day, the minutes of the inaugural general meeting as promoters were also prepared. The main contents are as follows: F is F as directors and chief directors of the Incorporated Foundation; other directors are appointed; when the Incorporated Foundation is incorporated, the Plaintiff shall transfer the intended business in which it is performed to the Incorporated Foundation; the Plaintiff shall transfer the former members to the Incorporated Foundation; and the Plaintiff shall immediately conduct dissolution and liquidation procedures and contribute residual property to the Incorporated Foundation; 4) After the authorization of the competent authority, the registration of incorporation was completed; F was appointed as the chief director of the Defendant Incorporated Foundation; G and the Defendant Intervenor appointed as a director without the power of representation.

B. The background leading up to the change of the representative is the person appointed as the Secretary around August 2015 by entering the Plaintiff around 2015.

H is a F’s belief and was in charge of the establishment of the Defendant, but on October 13, 2015, G was notified that “I will be dismissed from office in accordance with F’s order.”

Accordingly H raises an objection, i.e., the same day.

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