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(영문) 대법원 2015.12.23 2015다51708

소유권이전등기

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The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The judgment below

According to the reasoning, the court below held that, inasmuch as there is no evidence to acknowledge that the Defendant had completed liquidation procedures prescribed in the Act on Security of Provisional Registration, etc. in the course of completing the registration of transfer of ownership in this case based on the provisional registration of this case, the transfer of ownership in this case is null and void, the Defendant is liable to implement the procedure for cancellation of the transfer of ownership in this case, and ② the Defendant’s assertion that the Defendant would cancel the sales contract

The court below rejected the Plaintiff’s purchase of each of the instant real estate on the ground that it cannot be deemed that the Plaintiff did not perform the obligation to acquire in lieu of the payment of the purchase price.

In light of the relevant legal principles and records, the above judgment of the court below is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles

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.