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(영문) 대법원 2015.09.10 2013다74325
등기명의인표시변경등기말소등기
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal against the primary defendant, the court shall consider the overall purport of the pleadings and the result of the examination of evidence, and render a judgment of fact-finding with free conviction in accordance with logical and empirical rules, based on the ideology of social justice and equity. Thus, unless it exceeds the bounds of the principle of free evaluation of evidence, the value judgment and fact-finding belong to the discretion of the fact-finding court, and the fact-finding

(Article 202 and Article 432 of the Civil Procedure Act. In light of the provisions of this Act, the ground of appeal as to the plaintiff's primary claim is nothing more than an error in the selection of evidence and fact-finding which belong to the exclusive jurisdiction of the court of fact-finding as a fact-finding court

Furthermore, the ground of appeal as to the plaintiff's conjunctive claim is that the defendant did not own possess land Nos. 1 through 3 as stated in the attached list attached to the judgment below and that the plaintiff continued to occupy it, and it is substantially a matter of examination of evidence selection and fact-finding, which are the exclusive authority of the court below, and it cannot be viewed as a legitimate ground of appeal.

2. As to the conjunctive Defendant’s appeal, the Plaintiff filed an appeal against the conjunctive Defendant on the part of the lower judgment regarding the conjunctive Defendant, but the appellate brief did not indicate the grounds for appeal and did not find any reasons for appeal.

3. 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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