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(영문) 대법원 2015.03.26 2014다223865
건물명도
Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff, Appointed Party) and the appointed parties.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The court below acknowledged the facts that the second management and disposal plan was approved and publicly notified based on evidence, the plaintiff received the adjudication of acceptance of this case, and determined that the defendant (the counter-party, the designated party, and the designated party B) and the plaintiff are obligated to deliver the real estate of this case to the plaintiff, which is the co-owner of the real estate of this case within the implementation zone of the rearrangement project of this case. The court below rejected the plaintiff's defense that the second management and disposal plan of this case was invalid because there is insufficient evidence to acknowledge it.

On the other hand, the court below rejected the defendant's counterclaim on the ground that the defendant's claim to nullify the registration of ownership transfer and the claim to confirm the invalidity of the disposition of land use does not constitute the most effective means to eliminate the defendant's legal status unstable risks.

In light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal principles as to the validity of the management and disposal plan, res judicata, standing for parties, benefits of confirmation, and concurrent performance defense rights, contrary to what is alleged in the grounds of appeal.

The remainder of the grounds of appeal are merely independent opinions and thus unacceptable, or merely grounds for appeal for the selection of evidence and fact-finding belonging to the lower court’s exclusive authority, which are fact-finding courts, are not legitimate grounds of appeal.

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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