(영문) 서울중앙지방법원 2016.05.26 2015가단197817

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(영문) 서울중앙지방법원 2016.05.26 2015가단197817

소유권이전등기말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts below the basis facts do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings as a whole in each entry of Gap evidence Nos. 1, 2, 5, Gap evidence Nos. 7, 10, 11, Eul evidence Nos. 1 to 6, Eul evidence Nos. 8 through 10 (which include numbers; hereinafter the same shall apply).

From around November 1990, the Plaintiff acquired the ownership of the real estate listed in Attachment List No. 2 on November 28, 1996, the ownership of the real estate listed in Attachment List No. 1 on November 9, 199, the ownership of the real estate listed in Attachment List No. 3 on September 12, 2006, and the ownership of the real estate listed in Attachment List No. 3 on September 12, 2006 (hereinafter referred to as “each of the instant real estate”).

B. Since its establishment on January 24, 2005, the defendant foundation recommended the plaintiff from around 2005 that "the representative of the defendant foundation shall donate the C temple to the defendant foundation and establish a charnel house", and the plaintiff submitted a written consent to the use of land and buildings with the plaintiff's certificate of personal seal impression attached to it on September 2006.

After that, on December 11, 2006, the Defendant Foundation received a report completion certificate to establish religious charnel houses with the content of the establishment of 10,000 c/ 10 of the aggregate within C from the head of Masan-gun.

C. After that, the Plaintiff donated each of the instant real estate to Defendant Foundation (hereinafter “instant gift agreement”) and thereafter, filed for the registration of ownership transfer under the name of Defendant Foundation on the ground of the receipt of June 2, 2008 No. 12781 on May 3, 2008, as Cheongju District Court No. 12781 on June 2, 2008.

(hereinafter “each of the instant cases’ transfer of ownership”). Accordingly, the permission for modification of the articles of incorporation, which acquired each of the instant real estate as the fundamental property of Defendant’s property, was completed.

The plaintiff is the representative of the defendant foundation around August 201.

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