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(영문) 대법원 2018.12.27 2016다276023
소유권이전등기말소등기
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2, the lower court rejected the Defendant’s assertion that, on a different premise, the registration of ownership transfer in the name of the Defendant, which was completed on the basis of the judgment that the principal registration in the name of E was filed after the death of D and invalid, is also null and void as a matter of course.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable. In so determining, it did not err by failing to exhaust all necessary deliberations or by misapprehending the legal doctrine on the establishment and effect of false conspiracy, and the validity of registration consistent with the substantive relations, as otherwise

2. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court’s determination rejecting the Defendant’s assertion that the filing of the instant lawsuit is in violation of the good faith principle is justifiable. In so doing, it did not err by failing to exhaust all necessary deliberations or by misapprehending the legal doctrine

3. The appeal is dismissed. 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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