logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원충주지원 2015.04.22 2014가단4579
소유권말소등기 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff owned each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) used as G’s land and building as the network of H, which was the chief state of the F’s inspection conducted in the Chungcheongbuk-gun E, and individual real estate was owned by the Plaintiff according to the sequence thereof.

B. On October 23, 2006, the Plaintiff decided to withdraw from F, and filed an application for her return to Defendant C Religious Organization (hereinafter “Defendant C Religious Organization”).

C. On March 19, 2008, the Plaintiff completed the registration of ownership transfer on March 11, 2008, as to the real estate Nos. 1, 2, and 3 to the Defendant Jongju District Court, No. 13271, the receipt of Chungcheong District Court Support, which was due to the donation made on March 11, 2008.

On the other hand, the provisional registration of the right to claim the transfer of ownership was completed on March 27, 2008 in the name of the representative of the defendant Jongju District Court on March 27, 2008 on the 4th real estate (the transfer of ownership was completed in the name of I on October 27, 2006), and the provisional registration of the right to claim the transfer of ownership was completed in the name

(2) Each registration completed in the name of the defendants (hereinafter referred to as the "registration of this case"). [Grounds for recognition] The fact that there is no dispute, Gap evidence No. 1, Eul evidence No. 6 (including the serial number; hereinafter the same shall apply), the purport of the whole pleadings.

2. The assertion and judgment

A. On March 11, 2011, the Plaintiff’s summary of the Plaintiff’s assertion decided to donate the instant real estate to Defendant Religious Order (hereinafter “instant gift agreement”). Accordingly, the Plaintiff completed the instant registration in the future of the Defendants.

However, the registration of this case is a registration of invalidation of cause for the following reasons, and must be cancelled.

① In order to donate the instant real estate, the gift did not go through the permission of the competent authority and the approval of the F representative to which G belongs pursuant to Article 9(1) of the Korean Traditional Temples Preservation and Support Act.

② The gift contract of this case, which was the cause of the registration of this case, does not prevent the Defendants from “refiting” (referring to the restoration and extension of G).

arrow