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(영문) 대법원 2015.09.10 2013다202595
소유권보존등기말소 등
Text

All appeals and supplementary appeals are dismissed.

The costs of appeal and supplementary appeal shall be borne by each party.

Reasons

1. Examining the records in light of the relevant legal principles as to the Plaintiff’s grounds of appeal, the lower court’s reasoning was somewhat inappropriate, but it is acceptable to accept the Plaintiff’s claim as to each land listed in the separate sheet Nos. 1 and 2 of the lower judgment on the grounds that there is insufficient evidence to acknowledge that the registration of ownership preservation of the closed register of this case was prior to the registration of ownership preservation of the closed register, which was not closed at that time. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the

Furthermore, the lower court’s rejection of this part of the Plaintiff’s claim on each of the lands listed in Articles 11, 13, and 15 of the attached list of the lower judgment on the ground that there is insufficient evidence to acknowledge that the Plaintiff was owning the Plaintiff’s fleet, is not sufficient. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical

2. Although the Defendant-Appellee may file an incidental appeal even after the right to file an appeal is extinguished, the Defendant-Appellee may file an incidental appeal and submit a supplementary appellate brief (see Supreme Court Decision 2006Da39720, Oct. 13, 2006). According to the records, the Defendant did not state the grounds for incidental appeal on the incidental appellate brief and did not file an incidental appellate brief within the period for filing an incidental appellate brief. Thus, the Defendant’s incidental appeal cannot be dismissed.

3. Therefore, the appeal and the incidental appeal are all dismissed, and the costs of appeal and the incidental appeal are assessed against each party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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