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(영문) 대법원 2016.04.28 2014다66888
소유권이전등기
Text

The appeal is dismissed.

The costs of appeal are assessed against I who is represented by the plaintiff.

Reasons

The grounds of appeal are examined.

The lower court, based on its stated reasoning, determined that the evidence alone presented by the Plaintiff was insufficient to recognize that the Plaintiff’s clan made a resolution of ratification of procedural acts, such as filing a lawsuit at the clan general meeting held through legitimate convening procedures.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the court below did not err in its fact-finding and judgment as alleged in the grounds of appeal by neglecting the exercise of the right to ask for stone or exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, and thereby adversely affecting the conclusion of the judgment.

Other grounds of appeal are with regard to the decision of the court below on the propriety of the family register of the merits, and as long as the judgment of the court below on the defense prior to the merits was not unlawful as seen earlier, the propriety of the above family register determination cannot affect the conclusion of the judgment. Thus, this part of the grounds of appeal cannot be accepted without further review.

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.

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