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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion was made by owning 9,223 square meters of forest land B in Yeongdeungpo-gu, Suwon-si (hereinafter “instant land”). On January 28, 2003, the Plaintiff donated the said land to the Diplomatic Association D church (hereinafter “D church”) and completed the registration of ownership transfer in the name of D church on February 5, 2003.
From February 5, 2003 to December 5, 2012, the above D church owned the land of this case. The defendant used the land of this case without any legal cause from February 5, 2003 to December 5, 201, and thereby, D church suffered damages equivalent to the rent during the possession period of the land of this case.
Therefore, the defendant should return the amount equivalent to the above rent to D church with unjust enrichment. Since the plaintiff received the claim for return of unjust enrichment from D church, the defendant is obligated to pay the plaintiff the above amount of 106,440,199 won (the sum of the rent calculated from September 3, 2008 to December 4, 2012) and damages for delay.
2. In full view of each of the statements in Gap evidence Nos. 1, 3, and 4 (including a branch number if a branch number exists), D church received a donation from the plaintiff and completed the registration of ownership transfer on February 5, 2003. The above registration of ownership transfer was cancelled on the ground of cancellation of December 6, 2012, and December 5, 2012. D church transferred to the plaintiff a claim for return of unjust enrichment against the defendant by the defendant using the land of this case without permission from March 8, 2009. D church notified the defendant of the assignment of the above assignment of claim on July 26, 2013, and D church received the above notification from the defendant on July 29, 2013.
However, in the case of a church that is an organization of the German members, since the church's annual report, contribution, and other property which is the revenue of the church belongs to the collective ownership of the members of that church, the disposition of the property shall belong to the collective ownership of the members of that church, unless there are special circumstances.