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(영문) 대법원 2017.12.22 2015다29664

부동산 소유권이전등기 말소등기

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All appeals are 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 a real estate is presumed to have acquired the ownership through legitimate procedures and causes, the fact that the registration was based on the title trust has the burden of proof for the claimant.

(See Supreme Court Decision 2007Da90883 Decided April 24, 2008, etc.). Based on its stated reasoning, the lower court determined that it is difficult to readily conclude that the Plaintiff Company or D trusted each of the instant land to the Defendant B, and there is no other evidence to acknowledge this, and dismissed the Plaintiff’s lawsuit against the Defendant B on the ground that the Plaintiff’s lawsuit against the Defendant B was unlawful due to the lack of preserved right in the obligee’s subrogation lawsuit. The Plaintiff’s lawsuit against the Defendant was dismissed on the ground that it

Examining the above legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding title trust or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of

Therefore, all appeals are 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.