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(영문) 대법원 2015.12.23 2015다218716
근저당권설정등기말소절차이행
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The Plaintiff’s ground of appeal is an issue of the selection of evidence and fact-finding, which is a fact-finding court, and cannot be deemed a legitimate ground of appeal. Furthermore, even if examining the records, it cannot be deemed that the registration of this case was completed without the Plaintiff’s delegation. 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 in determining that the registration of this case was completed with the Defendant as the Plaintiff for convenience in order to secure the Defendant

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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