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All appeals and supplementary appeals are dismissed.
The costs of appeal are assessed against the Defendant. The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal and the grounds of incidental appeal are examined.
1. As to the grounds of appeal on the claim of money and the grounds of incidental appeal, the lower court, on the grounds as stated in its reasoning, determined that the Defendant, as a joint tortfeasor, is liable to the Plaintiff for damages of KRW 442 million, which is equivalent to the purchase price of the apartment of this case, and that the initial date of calculation of damages for delay becomes the date of
Examining the reasoning and records of the lower judgment in accordance with the relevant legal doctrine, the lower judgment’s reasoning is somewhat inappropriate, but its conclusion is justifiable.
In doing so, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, exceeding the bounds of the principle of free evaluation of evidence, failing to exhaust all necessary deliberations, or omitting necessary judgments.
2. On the grounds of appeal as to the claim for registration, the lower court acknowledged that C purchased the instant apartment, and merely entrusted only the registration title concerning 1/2 of the instant apartment, to the Defendant, the husband, and determined that the Plaintiff, by subrogation, has the right to seek the implementation of the procedures for the registration of ownership transfer based on the termination of a title trust agreement with respect to the one-half portion of the instant apartment, among the instant apartment by subrogation, against C
Examining the record, the above recognition and determination by the court below are justifiable, and there is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or omitting necessary judgment.
3. Therefore, the appeal and the incidental appeal are all dismissed, and the costs of appeal and the incidental appeal are assessed against each losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.