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(영문) 대법원 2019.05.30 2017다277856

건물등철거

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The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court determined that the registration of transfer of ownership in the name of the Plaintiff was null and void on the ground that it was made mainly for the purpose of having the Plaintiff conduct litigation.

Examining the record in accordance with the relevant legal principles, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the trust of lawsuit, pleading, and exercise of the right of explanation.

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.