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(영문) 대법원 2015.02.26 2014다80655
소유권이전등기말소 등
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is the land inherited by the defendant that the plaintiff's clan was donated from the family clan and trusted the title to D, its descendants, according to the relevant evidence. However, the court below rejected the plaintiff's claim of this case seeking the implementation of the procedure for ownership transfer registration due to termination of title trust, since it did not accept the plaintiff's claim of this case due to termination of title trust by violating the rules of evidence and misunderstanding the legal principles as to the identity and title trust of the clan by finding erroneous facts in violation of the rules of evidence and inconsistent reasons.

However, inasmuch as the recognition of facts and the selection of evidence based on such premise do not exceed the bounds of the principle of free evaluation of evidence, the court of fact-finding is within the exclusive jurisdiction of the court of fact-finding, and even if examining the reasoning of the judgment below in light of the allegations in the grounds of appeal, there is no reason to deem that the court of fact-finding exceeded the bounds of the

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.

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