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(영문) 대법원 2019.12.12 2018다267078
소유권이전등기말소등기절차이행등
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

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

1. As to the grounds of appeal Nos. 1, 7, and 9, the lower court determined that: (a) the Plaintiff’s donation of the instant real estate to Defendant B, while drinking by intimidation, issued a certificate of personal seal impression needed for the registration procedure following the donation; (b) the Plaintiff himself/herself displayed his/her intention of donation on the part of the staff of the certified judicial scrivener office dealing with the registration procedure following the donation of the instant real estate in face-to-face and stamped the confirmation document; and (c) the Defendant B completed the registration of the instant real estate by submitting documents necessary for the registration transfer procedure through G and the aforementioned certified judicial scrivener entrusted by him/her; and (d) the Plaintiff’s donation to the Defendant B constitutes a defective declaration of intent made by G, and it is difficult to deem that the Plaintiff’s intention of donation was null and void merely because the Plaintiff’s expression of intent was completely deprived of the Plaintiff’s own decision making; and (c) the Plaintiff’s expression of intent was made with a complete deprivation of its intention

The judgment below

Examining the reasoning of the judgment below in light of the record, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding gift intention, registration presumption, invalidation registration, and power of representation, by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by exceeding the bounds of the principle

2. The lower court’s determination on the grounds of appeal Nos. 2 through 5 was made without reasonable and reasonable grounds against the Plaintiff’s free will.

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