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(영문) 대법원 2015.09.10 2013다101838
분묘철거 등
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

Reasons

The grounds of appeal are examined.

The lower court, in full view of the circumstances as indicated in its reasoning, did not deem that the Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) acquired the land in question by prescription, and that G donated the land in question to the Defendant.

Nor can it be deemed that the title trust relationship was established between F and the Defendant, and the Plaintiff’s claim to the Defendant for the excavation of the instant grave was contrary to the principle of good faith and good faith or the principle of notions or it was difficult to view the Plaintiff as an abuse of rights.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by exceeding the bounds of the principle of free evaluation of evidence, by

Therefore, all appeals are 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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