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(영문) 대법원 2015.11.26 2015다32028
소유권이전등기
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

In light of the purport of the whole pleadings and the result of the examination of evidence, the court shall render a judgment of the fact-finding with free conviction in accordance with logical and empirical rules on the basis of the principle of free evaluation of evidence, so long as it does not exceed 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

(Article 202 and Article 432 of the Civil Procedure Act. In light of the provisions of this Act, the defendant's ground of appeal is erroneous in the judgment of the court below that determined that the presumption of possession with autonomy was broken, even though it is not sufficient to recognize that the plaintiff occupied the land of this case with an intention to exercise exclusive control as his own property by excluding another's ownership, and it is not sufficient to recognize that the presumption of possession with autonomy was broken. Thus, this is nothing more than an error of the selection of evidence and fact-finding which belong to the exclusive jurisdiction of the court of fact-finding, and thus, it is not legitimate ground of appeal

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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