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(영문) 대법원 2019.05.10 2018다269777

소유권말소등기

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The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

Since a person registered as an owner of real estate is presumed to have acquired ownership through legitimate procedures and causes, the fact that the registration is based on the title trust has the burden of proof for the claimant.

(See Supreme Court Decision 2007Da90883 Decided April 24, 2008). The lower court rejected the Plaintiff’s assertion that D’s transfer of ownership was caused by title trust, taking into account the circumstances as indicated in its reasoning.

In light of the relevant legal principles and records, the judgment of the court below is acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending facts or by misapprehending the legal principles on title trust.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.