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(영문) 대법원 2020.10.29 2018다299976

소유권이전등기청구권가등기말소등기

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The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

Based on the circumstances stated in its holding, the lower court determined that, on the ground that it is difficult to recognize that the Defendant, C, etc. entered into the instant purchase and sale reservation or completed the instant provisional registration for securing the return of loan, the provisional registration of this case and the instant principal registration based thereon cannot be deemed to have been applied to the provisional registration of this case, and thus, the Act on Provisional Registration Security, etc., was not applied to the instant provisional registration and the instant principal registration based thereon, and that the principal registration of this case

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence.

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.