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(영문) 대법원 2018.06.15 2018다202354

소유권말소등기

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All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

In full view of the circumstances indicated in its holding, the lower court determined that the instant underground room constitutes a common part provided for the public use by all sectional owners of the instant apartment building, which is an aggregate building, and thus, registration of preservation of ownership in the name of Defendant Q Co., Ltd., which was completed in relation to the instant underground room, is null and void, and the registration of transfer of ownership in the name

In light of the relevant legal principles and records, the above determination by the court below is justifiable. Contrary to the allegations 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 as to the existence of sectional act

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.