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(영문) 전주지방법원 2017.01.24 2015가단8799
등기명의인표시변경 말소등기 절차이행
Text

1. On March 10, 2015, the Defendant registered each real estate in the separate sheet to the Plaintiff as to the previous Jeju District Court.

Reasons

1. Basic facts

A. Ciplomatic Association was established in around 1995 and owned each real estate listed in the separate sheet, and was affiliated with Nonparty D D Educational Association, and changed the name of B Educational Association around March 2009 (hereinafter “instant church”).

B. On September 8, 2008, the Diplomatic Association dispatched E as a member of the instant church. On December 16, 2014, and December 23, 2014, the above E held a church of each of the instant church on January 25, 2015, and held a convocation announcement for convening the general assembly of the instant church on February 8, 2015, and held a general assembly on February 8, 2015. The above 23 members present at the general assembly and agreed on the agenda for amending the articles of incorporation with the consent of 22 members, the agenda for withdrawing from the religious order with the consent of 21 members, and the agenda for changing the name of the “A church” (hereinafter referred to as “Plaintiff church”) with the consent of 22 members.

On February 10, 2015, the Plaintiff church filed a registration for change of the name of ownership on each real estate of this case from the name of the instant church to the name of the Plaintiff church, and submitted a written withdrawal from the religious order to the D church on the 12th of the same month.

C. Some members of the instant church who oppose to withdrawal from their religious order denied the validity of the resolution made on February 8, 2015 of the instant church, which was conducted under the direction of the said E, and they used the name of the instant church, the “B church” (hereinafter “Defendant church”) and the articles of association of the instant church as they are, and engage in religious activities, with respect to each real estate of this case, as they were subject to the resolution of the church conference on March 9, 2015, the registration of change of the registered titleholder as stated in the order to change the name of the Plaintiff church from the Plaintiff church to the Defendant church, and the representative from the E to the F (hereinafter “registration of change of the indication”).

In addition, some of the members of the defendant church, such as F and G, who belong to the above F, occupy each of the real estate of this case, and restrict access by the members of the above E and the plaintiff church.

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