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(영문) 대법원 2015.04.23 2015다201459
소유권이전등기
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court determined that AM was a legitimate representative of the Plaintiff, as the Plaintiff’s representative AM was elected as the chairperson at the board of directors on January 28, 2012, in accordance with the Family Rules amended by the Provisional Family Assembly of the Plaintiff, which was held on January 4, 2005.

Examining the record, the recognition and decision of the court below is just, and there is no error of law by failing to exhaust all necessary deliberations or by misapprehending the legal principles on the appointment of a clan representative.

2. As to the ground of appeal No. 2, the lower court acknowledged that the Plaintiff had held that each of the land in its holding was a title trust to the deceased L.

Examining the record, the lower court’s recognition and judgment are justifiable, and there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal doctrine on the title trust of clan property.

3. 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.

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