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(영문) 대법원 2021.01.14 2020다218024
소유권이전등기절차 이행
Text

The appeal is dismissed.

The costs of appeal shall be borne by the Plaintiff, including the part resulting from the subsidization.

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 instant transfer agreement concluded without the resolution of the general meeting of partners was null and void, on the ground that the Defendant association rules do not stipulate the management and disposal of the general apartment unit belonging to the collective ownership of all the members.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the nature and interpretation of the rules of the Defendant Union or by violating the precedents.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party, including the portion arising from the participation in the subsidy. It is so decided as per Disposition by the assent of all participating Justices.

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