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(영문) 대법원 2015.04.09 2014다84930
소유권이전등기말소
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 1, 4, and 10, the lower court rejected the Plaintiff’s assertion that the instant sales contract was null and void against the Trust Act.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the essence and authority of the secured trust, the principle of prohibition

2. As to the grounds of appeal Nos. 2, 3, and 9, this part of the grounds of appeal is nothing more than disputing the selection of evidence and fact-finding which belong to the exclusive jurisdiction of the lower court as a fact-finding court, and it is difficult to view it as legitimate grounds of appeal. Furthermore, even if examining the judgment of the lower court in light of the records, it did not err by exceeding the bounds of the principle of free evaluation

3. As to the grounds of appeal Nos. 5 through 7, the court below, on the grounds as alleged in its reasoning, concluded a sales contract or a general meeting of shareholders only after the Plaintiff’s termination of the trust contract concluded with our bank and securing the real right to dispose of each of the instant real estate, even if the sale of each of the instant real estate constitutes transfer of business and the special resolution of the general meeting of shareholders is required by analogy of Article 374(1)1 of the Commercial Act.

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