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(영문) 춘천지방법원강릉지원 2019.10.29 2019나30010
건물명도(인도)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by D.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. On October 20, 1962, F (Legal Name G) constructed a wooden flag, a 77mm2 square meter, a wooden flag, and a 45m2 roof housing (B, etc.) on the ground of 3978m2 in the religious site owned by the State, Gangwon-gun, Gangwon-do (hereinafter referred to as the “Yolcheon-si”), which was located on the ground of 397m2, 3978m2.

B. On November 7, 1967, F prepared a donation contract stating that B shall apply for registration as a member of A religious organization (hereinafter “A religious organization”) and that B shall gratuitously donate all the property of B including the above building to “B company designated by the religious organization’s clan.” Of the donated property, B entered into an agreement that B, designated by A religious organization, shall complete registration under the A religious organization’s A religious organization pursuant to the D Religious Property Management Act and receive the registration of ownership transfer in the name of B.

C. On April 17, 1973, I succeeded to the status of building owner and well-known of B company, and I, upon all removal of B company's existing building and donation from the new Dos, was newly constructed on the ground of "A", "B", "C", and "D" part of the land listed in the aforementioned paragraph (a) as indicated in the attached drawings among the land listed in the said paragraph (a) (hereinafter "the instant temple building").

On November 24, 2014, the A Religious Organization appointed the Defendant (Law Name K) as the chief minister of B, but the Defendant submitted a written sprink around May 27, 2017, and on September 6, 2017, dismissed the Defendant from the chief minister of B on the grounds of double sponsing, etc., and appointed D (Legal Name L) on November 17, 2017 as the chief minister of B.

(e) Those related to the instant case among the species of A religious organizations are as follows:

Part XI Members of this Chapter shall be members registered in accordance with prescribed procedures.

단, 등록된 사암(寺庵)은 전종(轉宗) 및 폐사시(廢寺時)는 총무원장의 승인을 득해야 한다.

제60조 주지 및 대표임원은 해당 사원에 상시(常時)의 거주하는 재적승니(在籍僧尼)의 선거에 의하여 총무원장이 임명한다.

Provided, That the well-known members of less than 10 persons registered.

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