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(영문) 대구지방법원서부지원 2020.12.09 2019가단59766
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The plaintiff church is a church located in Daegu Nam-gu C, and the defendant was a current or former teacher of the plaintiff church.

Plaintiff

The church does not have a direct division of pastors, but has a direct division between the head and the head of the house.

B. Around 2007, the Plaintiff church provided the Defendant with the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff church without compensation, and thereafter, the Defendant occupied and used the said real estate.

Plaintiff

On January 1, 2017, the church formed an agreement with the Defendant to provide the instant real estate without compensation as above and concluded it.

(2) According to the agreement of this case, the term of use shall be one year, but the period shall be automatically extended every one year, unless the decision of the plaintiff church is made. However, when a matter of reconstruction, sale, transfer, remodeling, expansion, etc. of the real estate of this case occurs, when the plaintiff church requests the plaintiff church (the financial reasons of the plaintiff church or the natural disaster, etc.) or when the plaintiff church suspends island and sexual intercourse with its gender changed due to the cause of the plaintiff church's loss (the plaintiff church's financial reasons or the natural disaster, etc.), the defendant must immediately deliver the real estate of this case to the plaintiff without any condition (or within 3 to 6 months).

C. According to the articles of the Plaintiff church’s articles of incorporation, the Plaintiff church has a funeral association, a mixed-type association, a married couple association, and a joint association. The mixed-type association consisting of married siblings among the gender shall manage the general matters of the church. The matters concerning the acquisition and disposal of property shall be decided with the consent of at least 2/3 of the registered members of the mixed-type association attending the meeting and the consent of at least 2/3 of the number of the present members.

(Article 7, 8,20 of the above Articles of Incorporation) d.

Plaintiff

A church shall hold a mixed gathering on June 29, 2018 and shall be the head recommended by the defendant from the representative D before the death of its representative.

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