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(영문) 서울중앙지방법원 2016.01.29 2014가합585742
부당이득금
Text

1. The defendant shall pay to the plaintiff KRW 1,600,000 and KRW 160,000 among them, from May 21, 2009, and KRW 300,000,000.

Reasons

1. Facts of recognition;

A. On January 14, 1968, the Plaintiff was established under the name “Diplomatic Association” and was changed to the name as of August 18, 201.

E is from January 14, 1968, as the Plaintiff’s colon.

The retirement of March 31, 2005, which became a senior pastor, and thereafter, the F, who is E, served as the plaintiff's senior pastor from April 10, 2005.

On March 31, 2009, E resigned from March 1, 2009, and from April 1, 2009 to May 24, 2009, he/she vicariously performed the duties as a delegated pastor.

B. Around April 2009, F established the Defendant and took office as a teacher, and on May 21, 2009, the Defendant purchased the land and its ground buildings in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “each of the instant real property”) from the G School (hereinafter “G School”) in KRW 1,600,000,000.

(hereinafter “instant sales contract”). C.

E on May 21, 2009, the Plaintiff had the Plaintiff pay KRW 160,000,000 on behalf of the Defendant as the down payment under the instant sales contract.

Afterward, the Plaintiff paid KRW 300,000,000 on June 8, 2009, and KRW 300,000,000 on behalf of each of the Defendant to the GIST as part payment of the instant sales contract on behalf of each of the Defendant. On July 9, 2009, the Plaintiff borrowed KRW 900,000,000 from Song AFC, and paid KRW 840,000,000 among them to the GIST on behalf of the Defendant.

On July 9, 2009, the G School Council completed the registration of ownership transfer for each of the instant real estate to the Defendant, and the Defendant uses each of the instant real estate as a preliminary dividend, etc.

The main provisions concerning the disposal, etc. of church properties among the "Golology and funerals" falling under the Constitution of A Religious Organizations that belong to a religious order shall be as follows:

Article 22 (Property Management) The headquarters of A Religious Organizations and all land, buildings and facilities owned and managed by individuals, religious groups, and religious organizations and institutions affiliated with A Religious Organizations shall be incorporated into I, a foundation, and the foundation shall be incorporated into and preserved.

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