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(영문) 서울중앙지방법원 2013.09.26 2012가합101331
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 14, 2005, the Plaintiff donated each real estate listed in paragraphs 1, 2, and 3 (hereinafter “instant B real estate”) to C, D, E, and F4 in the attached real estate list, and on December 16, 2005, the Plaintiff completed the registration of ownership transfer in the name of C, D, E, and F with respect to each of the instant real estate B 1/4 shares.

After that, on February 27, 2006, the Plaintiff and E had rescinded the agreement on the above gift agreement with respect to E’s shares among the instant B real estate, and again, on May 18, 2007, the Plaintiff donated the said shares and completed the registration of ownership transfer in the name of E on May 22, 2007.

B. The Plaintiff, along with C and D, established the Korea Culture and D D D D D D D D D church by altering the building portion among the real estate listed in the attached Forms 4 and 5 (hereinafter “instant G real estate”), and donated the instant G real estate to the said church to use it as the church property.

C. On August 1, 2006, with respect to the Korea Egympic association, it was prepared by the articles of association that "one church located in the G G real estate of this case is for the purpose of worship, reading, education, happiness, transfer, etc., and the persons registered in the register of its members shall be the members, and the steering committee comprised of two members, two operating members, two members, and one clerk shall decide matters related to the above church's purpose of business, disposal of real estate, acquisition, management, etc., but the chairman of the joint operation committee shall jointly exercise the power of representation on behalf of the above church. The above church's assets are real estate, movable property, bonds (including deposits), and other property, and the above church's assets and revenues are not distributed to the members, but used only for the purpose of business of the above church, and are managed by the steering committee." The above church's assets and revenues were selected from the operation committee of the above church as the members of the D church.

After that, the above church.

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