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All appeals are dismissed.
The costs of appeal are assessed against each party.
Reasons
The grounds of appeal are examined.
1. According to the reasoning of the judgment below as to the Plaintiff’s grounds of appeal, the court below determined that there was insufficient evidence to acknowledge that the Plaintiff leased the land No. 2 to the Defendants, and that a loan relationship between the Plaintiff and the Defendants, which did not specify the duration,
Furthermore, on the grounds indicated in its reasoning, the lower court is difficult to view that the period sufficient to use and benefit from the land No. 2 of this case has elapsed, and the Defendants did not use and benefit from the land No. 2 of this case as the usage method
The Plaintiff rejected the Plaintiff’s claim for the termination of a loan for use under Articles 613(2) and 610(3) of the Civil Act, deeming that there is no evidence to prove that the Plaintiff had used or had a third party use it without his consent.
In addition, the trust relationship between the Plaintiff and the Defendants was destroyed because the Defendants asserted the Plaintiff’s ownership of each land of this case.
The right to terminate the loan was created solely on the ground that the Defendants filed a lawsuit seeking the cancellation of the registration of transfer of ownership in the name of the Plaintiff.
The Court determined that it is difficult to recognize that a loan for use was terminated by an implied agreement.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal, or by misapprehending the legal doctrine on interpretation, loan of use, and continuous termination of contract under Article 613(2) of
2. As to the Defendants’ grounds of appeal
A. The ground of appeal No. 1 is that the person registered as the owner of the real estate is presumed to have acquired the ownership through legitimate procedures and causes, and thus the registration is based on the title trust.