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(영문) 인천지방법원 2018.02.06 2016가단229972
건물인도 등
Text

1. Defendant C:

(a) deliver each real estate listed in the separate sheet;

(b) 34,524,917 Won and its interest;

Reasons

1. Basic facts

A. On July 18, 2007, the Plaintiff acquired ownership of each real estate listed in the separate sheet.

B. Defendant B’s association (hereinafter “Defendant B’s church”) from February 1961 to February 10, 1961 is an association that is not a legal entity that, as an independent organization, many people who believe that the Plaintiff’s religious doctrine in Yeongdeungpo-gu Seoul Metropolitan Government act as a religious organization for the purpose of common religious activities and at the same time, manages church properties and performs socioeconomic functions.

C. Around December 1987, Defendant C was appointed by Defendant C as a member of the Diplomatic Association (hereinafter “Diplomatic Association”) which was the branch of Defendant C’s church. D.

On April 22, 2014, the E-EU, to which the non-party church belongs, passed a resolution to close the non-party church at the regular labor union.

E. From around 1994, Defendant C occupied and used each of the real estate listed in the separate sheet.

[Ground for Recognition: Facts without dispute, Gap evidence 1-2, Eul evidence 1-2, Eul evidence 1-2, evidence 8-1 through 10, 9-9, each entry and video of evidence 10, and the purport of whole pleadings]

2. Under the premise that the Defendant church occupied and used each real estate listed in the separate sheet with Defendant C, the Plaintiff sought the delivery of the above real estate to the Defendant church and the return of unjust enrichment equivalent to the rent from July 18, 2007.

In full view of the written evidence Nos. 4 and 5 and the purport of the whole pleadings, the fact that the non-party church, which the defendant C served as a member of the church, initially started as the branch of the defendant church, and that the defendant church purchased No. 309 of the Incheon Yeonsu-gu, Incheon, which is a member of each real estate listed in the separate sheet on September 6, 1992 to support the non-party church, and had the non-party church use it.

On the other hand, however, in full view of the entries in Eul's evidence Nos. 2 and 5 through 7 and the purport of the whole pleadings, the non-party church shall be a member of the non-party church on December 5, 193.

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