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(영문) 부산지방법원 2016.10.27 2015가합48897
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Each of the real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the Plaintiff. On November 8, 2005, the ownership transfer registration was completed to C (the name of the Defendant was changed, and the name of the Defendant was changed; hereinafter “Defendant”), regardless of whether it was before or after the change.

B. The Plaintiff and the Plaintiff’s husband (her husband) appeared at the Edial Association (hereinafter “Edic Association”) from around 2005 to around August 2014, and were in charge of their respective authority and duties as their husbands.

C. From May 1992 to June 201, 201, F, who was in the position of a teacher at the E school from May 1992 to June 201, requested D to contribute real estate since it is necessary to establish an incorporated foundation.

D A. On January 2, 2005, the Plaintiff drafted a certificate of property contribution to contribute the instant real estate to the Defendant under the Plaintiff’s name. On July 1, 2005, the Plaintiff also prepared a certificate of property contribution to contribute the instant real estate to the Defendant by dividing it into the instant real estate for business purpose and for profit-making business under the Plaintiff’s name.

The defendant obtained permission for incorporation on October 17, 2005 and completed the registration of incorporation on October 26, 2005, and D was in most of the defendant's directors from October 26, 2005 to December 16, 2014.

E. On December 30, 2007, E Educational Association held a regular meeting (hereinafter “instant regular meeting”). The above minutes of the meeting include the following: “D head, and C-invested G-five buildings will return to a church if real estate is prepared to replace the church.”

F. On August 19, 2014, the Plaintiff, the head of the E church, prepared real estate substitutions for the instant real estate at the regular church meeting of this case, and resolved to return the instant real estate to D. However, the Ecademy had sufficient financial capacity to return the instant real estate. Therefore, the Ecemy requested the return of the instant real estate.

(g) E shall hold temporary removals on May 24, 2015.

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