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(영문) 대법원 2017.12.05 2017다225749
토지인도
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. The allegation in the grounds of appeal No. 1 in this part is that W’s claim for registration has expired, and is a new argument in the final appeal, and thus, it is not a legitimate ground of appeal as to the judgment below.

2. The ground of appeal disputing the fact-finding based on the second instance judgment or the lower court’s determination is not a legitimate ground of appeal, as it practically contests the selection of evidence and determination of value of evidence belonging to the free trial of the fact-finding court.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the possession with or without intention to own, contrary to what is alleged in the grounds of appeal.

3. The plaintiffs' final appeal is dismissed in entirety as it is without merit, 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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