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(영문) 대법원 2020.07.29 2019다250374
소유권이전등기말소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court acknowledged that the Plaintiff’s fleet M was assessed on the ground of the entries in the old land cadastre and distribution farmland register on the instant land, based on the reasons indicated in its reasoning.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by misapprehending the legal doctrine on the presumption of rights to land-related public books, contrary to what is alleged in the grounds of appeal.

2. As to the ground of appeal No. 2, the lower court determined that S was the N’s heir on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment, contrary to what is alleged in the grounds of appeal.

3. Therefore, the appeal is 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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