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(영문) 대전지방법원 2016.11.03 2015나12923
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The Association of D Religious Organizations A (hereinafter referred to as the "previous church") located in D Religious Organizations C in the Chungcheong budget group of the parties, etc., was established on November 10, 1947 and operated as a branch church affiliated with D Religious Organizations' religious orders, and Plaintiff A church (hereinafter referred to as the "Plaintiff church") passed a resolution that its members, including E, who were the members of the previous church, leave the religious order on April 1, 2015, shall be a church formed with the members who agreed to the above resolution.

The defendant is an incorporated foundation established with the aim of owning and managing land, buildings, and equipment for the development of D religious organizations, branch churches and institutions, and supplying necessary assets.

Attached Form

Each land indicated in the separate list in the name of ownership of each land is owned by the previous church, which is the land used as the site of the previous church building and the land used as the site of the said church. With regard to the land listed in the separate list Nos. 15103, Aug. 17, 1984, according to the title trust agreement between the previous church and the defendant, the Daejeon District Court Budget Office of the Daejeon District Court was received on August 17, 1984, and the land listed in the same list No. 9356, Oct. 5, 1970, received on Oct. 5, 19356, and the registration of ownership transfer in the name of the defendant was completed on September 27, 1984.

On July 2012, E related to the construction of a church in the previous church, the name of the previous church was changed from the existing "AA church" to the "D Religious Organization A church" in around 2013, and on October 1, 2013, the previous church was removed and the new church was promoted.

During that process, L, J, M, AB (one name: K; hereinafter referred to as "AB"), and AD, AE, etc. (hereinafter referred to as "L, etc.") among some members of L, J, M, AB (one name: N; hereinafter referred to as "AC"), and their family members, shall raise and use the cost of church construction, and the cost of manufacturing containers for establishing temporary art sites.

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