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(영문) 대법원 2015.05.29 2015다5897

제3자이의

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The court below held that since the plaintiff acquired exclusive right to use and benefit from the real rights similar to the real rights that can oppose the third party with respect to the land allotted by the authorities in recompense for development outlay, it shall not be allowed for the defendant to enforce the compulsory execution against the land allotted by the authorities in recompense for development outlay based on the executory exemplification of the notarial deed on the Dodo Housing Co., Ltd., and rejected the defendant's assertion that the trust contract of this case does not have the right to prevent the plaintiff from enforcing the compulsory execution against the land allotted by the authorities in recompense for development outlay as it is invalid or terminated upon the expiration of the trust period, and the plaintiff's claim was accepted.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the legal trust relationship and the validity of the trust contract, as otherwise alleged in the grounds 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.