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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The defendant is an incorporated association that carries out activities such as the business of lottery tickets and overseas passage, and the business of establishing churches in each region, and the plaintiff is a member church under the defendant's jurisdiction.
B. On November 26, 2004, the Plaintiff: (a) held a temporary removal meeting to donate “the Plaintiff’s independent property (real estate)” to the Defendant; (b) prepared a donation contract between the Defendant and the Defendant on December 13, 2004, under which both the Defendant and the Plaintiff owned the land and buildings of Gangdong-gu Seoul Metropolitan Government and its ground; (c) D land and its ground and buildings; and (d) land and buildings caused by the occurrence of the said land and buildings (hereinafter collectively referred to as “F-dong real estate”; and (c) donated each land to the Defendant.
C. Around January 2005, the Defendant completed the registration of ownership transfer for C land and its ground buildings based on donation.
(On the other hand, D land and buildings on the ground before expropriation in G Corporation shall be deemed to remain in the name of H log tree, and E land shall be deemed to remain in the name of the plaintiff).
On the other hand, C and its ground buildings and D and their ground buildings were expropriated in G Corporation, and the Defendant received compensation of KRW 509,752,833 around March 2005, and H senior trees also received compensation of KRW 102,862,00 for losses around that time.
E. On March 14, 2005, the Defendant entered into a sales contract with the I Apartment Rebuilding Housing Association (hereinafter “I Association”), whereby the Defendant would purchase each of the real estate listed in the separate sheet (hereinafter “instant real estate”) from I Association (hereinafter “the instant real estate”) at KRW 787,152,00,00, and paid the purchase price to I Association by adding the amount of each of the aforementioned compensation for losses and the amount of KRW 220,000,000 borrowed from J Association.
F. Around May 2, 2005, the Defendant completed the registration of ownership transfer based on the sale on March 14, 2005 in its name with respect to the instant real estate.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 6, 7, 21, Eul evidence 1 through 4, Eul evidence 13 (including each branch number; hereinafter the same shall apply).