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(영문) 대법원 2019.08.30 2019다202184
소유권이전등기
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).

For the reasons indicated in its holding, the lower court determined that the Defendant is liable to implement the procedure for registration of cancellation of ownership transfer under the name of the Defendant as to the instant building, on the grounds that the registration of ownership transfer under the name of the Plaintiff and the Defendant was null and void based on a title trust agreement between the Plaintiff and the Defendant, and that the Defendant is liable to implement the procedure for registration of ownership transfer under the name of the Plaintiff, the original acquisitor of the instant building, and that the registration of ownership transfer completed under the name of the Defendant from the joint Defendant C in the

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on the requirements, etc. for the establishment of title trust.

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.

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