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(영문) 창원지방법원마산지원 2016.09.21 2016가합127
총회결의무효확인등
Text

1. Of the instant lawsuits, the part regarding the claim for evacuation and withdrawal based on the right to request possession shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is deemed to have been a chief minister of H (I; hereinafter “instant inspection”) located in the building listed in the attached Table 1, and Defendant B is a new chief minister of the instant inspection, and the rest of the Defendants are the believerss of the instant inspection.

B. Each land listed in the separate sheet 2 is the site of the instant temple or the land located adjacent thereto, and the Plaintiff agreed on December 201 to transfer the ownership of each of the instant land and all of the rights to the instant temple to Defendant B and F in KRW 300 million.

Accordingly, the Plaintiff received KRW 30 million from the said Defendants, and delivered the certificate of completion of the registration for each of the above lands owned by the Plaintiff to Defendant B and F, on October 14, 2013, with respect to the land listed in paragraph (10) of the attached Table 2, among each land listed in the attached Table 2, the ownership was transferred to Defendant B on October 14, 2013.

C. After that, the Plaintiff left the instant inspection around November 7, 2013, and Defendant B, F, etc. occupy the said inspection from around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, 7, 8, Eul evidence Nos. 1, 2, 5, and 12 (including additional numbers), the purport of the whole pleadings

2. The plaintiff's assertion

A. While the Plaintiff entrusted Defendant B with the operation of the instant temple for soil excavation and temporarily left the said temple, the Defendants changed the key of the entrance of the instant temple and deprived the Plaintiff’s possession, who is the legitimate possessor of the said temple, who was the Plaintiff. As such, the Plaintiff sought against the Defendants the evacuation of the instant temple and the Defendants based on the right to claim for the recovery of possession.

B. The Plaintiff left the instant inspection and delegated the operation of the instant inspection to Defendant B, and Defendant B.

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