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(영문) 대법원 2019.07.11 2015다13850
소유권이전등기 등
Text

All appeals are 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 any statement in the supplemental appellate brief not timely filed).

For the reasons indicated in its holding, the lower court rejected the Defendant’s defense of the prescription period for the acquisition of the Defendant’s registry, on the ground that each transfer of ownership in the name of the Defendant with respect to the instant land is null and void because it is a three-party registered title trust, and thus, ordered the Defendant to implement the procedure for cancellation of each transfer of ownership as above, and the Defendant’s possession is merely the possession

Examining the record in accordance with the relevant legal principles, the lower court did not exhaust all necessary deliberations in the said judgment, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the standards for determining title trust or the legal doctrine on the acquisition of the period

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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