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(영문) 서울고등법원 2018.02.01 2016나2003421
소유권이전등기
Text

1. The judgment of the first instance court is modified in accordance with the purport of the claim amended by the trial court as follows.

Defendant Incorporated Foundation.

Reasons

1. Basic facts

A. 1) B (hereinafter “B”) of the parties

(2) The defendant foundation is a maintenance foundation established for the purpose of maintaining and managing the properties owned by the church belonging to B, which is stipulated as a subordinate body under the constitution of a religious order, and the board of directors of the defendant foundation as an affiliated body of the general meeting shall be elected at the meeting of the board of directors and auditors who are its members.

Defendant C was the president of the former general assembly from May 2008 to May 2014, and was the director of Defendant C Foundation.

3) The Plaintiff was a church affiliated with B, and withdrawn from B on October 30, 201. B) The Plaintiff completed the registration of transfer of ownership on the instant apartment on November 21, 1996 with respect to the instant apartment on October 1, 1996.

2) From February 17, 1974, the Plaintiff owned Jongno-gu Seoul Metropolitan Government L Ground Building (B General Assembly Center, Defendant Foundation from May 17, 1991).

hereinafter referred to as "general meeting center"

(3) As to each real estate (hereinafter “M-dong land”) listed in [Attachment List 4 and 5 (hereinafter “M-dong land”) and its ground on February 25, 2004, the Plaintiff, at the request of B and Defendant Foundation, suspended the use of the above building and entered into an agreement with the church to receive KRW 1 billion from Defendant Foundation. The proviso of Article 4 of the above agreement provides that “The above compensation (1 billion) shall be deemed as a foundation foundation’s fundamental property (excluding where it is used in land.).” The Plaintiff completed the registration of ownership transfer as to each real estate (hereinafter “M-dong land”) listed in [Attachment List 2 and 3] listed in [Attachment List 2 and 3 as of the same day, each real estate (hereinafter “M-dong farmland”).

4 The defendant foundation shall be the defendant foundation.

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