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(영문) 대법원 2015.04.23 2014다84008
건물명도
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

We examine the grounds of appeal.

A person who is registered as an owner of real estate is presumed to have acquired ownership through legitimate procedures and causes, and the fact that the registration of ownership transfer was completed due to title trust has the burden of proof on the part of the claimant's assertion.

For reasons indicated in its holding, the lower court’s rejection of the Defendant’s assertion that the instant officetel was trusted to the Plaintiff is justifiable. In so doing, it did not err by misapprehending the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence distribution

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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