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(영문) 대법원 2019.07.11 2018다222778

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.

Examining the record in accordance with the relevant legal principles, the lower court, based on its stated reasoning, did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the registration of title trust and substantive relations, without failing to exhaust all necessary deliberations on the rejection of the defense that the registration of ownership transfer in the name of the Defendant was in accord with the substantive relations, on the ground that the registration of title trust and substantive relations between E and the Plaintiff was null and void in the third party

The Defendant’s ground of appeal on the acquisition of the Defendant’s registration by prescription is asserted only in the final appeal, and it does not constitute a legitimate ground of appeal

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.