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(영문) 대법원 2016.03.24 2015다233234
소유권말소등기
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

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

The judgment below

According to the reasoning, the court below rejected the plaintiffs' claim seeking cancellation of the transfer of ownership registration of this case as the deceased E's heir, on the ground that each of the real estate of this case was owned by the defendant, who is a clan with D clan as shown in the judgment of the court below, and was held in title by the deceased E as the trustee, and the ownership transfer registration of this case was completed due to its termination.

In light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the establishment, etc. of clans or by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

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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