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(영문) 대법원 2015.04.23 2014다237086
소유권이전등기
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

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 ground of appeal No. 1, the lower court rejected the Defendants’ assertion that the Plaintiff’s possession of the Plaintiff was the possession of the owner, since the Plaintiff did not purchase the land before the partition.

In light of the relevant legal principles and records, the lower court did not err in its judgment in its determination as above, contrary to what is alleged in the grounds of appeal, by misapprehending the legal principles on the presumption of possession, by misapprehending the legal principles on the presumption of registration,

2. As to the ground of appeal No. 2, the lower court rejected the Defendants’ assertion that the Plaintiff’s possession is the possession of the owner, since the land prior to the subdivision was not distributed farmland.

In light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal principles as to the probative value of the repayment ledger, the validity of farmland distribution, the violation of the rules of evidence, omission of judgment, or incomplete hearing

3. As to the ground of appeal No. 3, the lower court rejected the Defendants’ assertion that the Plaintiff’s possession of the land prior to the instant partition is the possession of the owner, on the ground that the Plaintiff purchased the distributed farmland, the repayment of which was

In light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal principles as to the legal nature of possession in which outstanding farmland was purchased, or by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal.

4. Therefore, all appeals are 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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