logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.07.11 2014다17404
소유권말소등기
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

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

1. As to the first ground for appeal, where a party filed an application for resumption of argument to submit proof of argument after the closing of argument, whether to accept an application for resumption of argument belongs to the court's discretion in principle

(2) Examining the record in accordance with the foregoing legal doctrine, the lower court did not err by misapprehending the legal doctrine regarding the duty to resume pleadings while rendering a judgment without accepting the Defendant’s application for resumption of pleadings after the closing of argument.

2. As to the grounds of appeal Nos. 2, 3, and 4, the lower court determined that the Plaintiff’s title trust with respect to the instant apartment and completed the registration of ownership transfer under the name of the Defendant on the grounds stated in its reasoning.

Examining the record in accordance with the relevant legal principles, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the registration of compliance with the standards for determining title trust or the substantive relations.

3. 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.

arrow