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(영문) 대법원 2019.04.23 2018다286154
소유권이전등기
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal on extinctive prescription

A. The right to claim for the registration of ownership transfer of real estate does not extinguish as long as the possession of the real estate continues, and this includes not only direct or indirect possession, but also indirect possession, which cannot be viewed differently on the ground that such possession had existed prior to the occurrence of a juristic act or any other legal requirement which causes the acquisition of the right to claim the registration of ownership transfer.

(See Supreme Court en banc Decision 76Da148 delivered on November 6, 1976, Supreme Court Decision 94Da28468 delivered on February 10, 1995, Supreme Court Decision 86Meu2908 delivered on September 13, 198, etc.) B.

After finding facts as indicated in its reasoning, the lower court determined that the right to claim the transfer registration of ownership against the Defendant by the deceased I and the Plaintiffs, which was acquired in accordance with the instant agreement, may be deemed to have been directly or indirectly occupied by N or Defendant possession after the instant agreement, could not be deemed to have been extinguished by prescription, and that the deceased I’s possession was prior to the instant agreement.

Such determination by the lower court is justifiable in light of the aforementioned legal doctrine, and contrary to what is alleged in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending

2. As to the grounds of appeal on the interpretation of the intent of the disposal document, so long as the formation of the disposal document is recognized as authentic, the court shall recognize the existence and content of the declaration of intent in accordance with the language stated in the disposal document, unless there is any clear and acceptable counter-proof as to the denial of the contents stated therein

If there is a dispute over the interpretation of a contract between the parties, and the interpretation of the intention of the parties expressed in the disposal document is at issue, the contents of the text, the motive and background of the agreement.

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