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(영문) 대법원 2016.06.23 2014다35549
소유권이전등기말소등
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The lower court rejected the Plaintiff’s claim on the ground that the Plaintiff’s registration of the establishment of a neighboring mortgage and the registration of the transfer of ownership in the instant case cannot be deemed to have been made as the security or the registration of the establishment of a neighboring mortgage and the registration of the transfer of ownership in the instant case on the grounds that the security right in the Defendant’s name was extinguished in the rehabilitation procedure for the said company or that the Defendant did not go through the liquidation procedure under the Provisional Registration Security Act.

The judgment below

In light of the relevant legal principles and records, the lower court’s conclusion is reasonable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence.

In addition, even though the court's decision does not state a specific direct decision on the matters alleged by the parties, if it can be seen as omitting the judgment in light of the overall purport of the reasons for the judgment, if it is possible to know that the defendant accepted or rejected such assertion in light of the overall purport of the reasons for the judgment. Such judgment of the court below contains the purport of rejecting the plaintiff's assertion that the transfer security right is a transfer security right unless liquidation procedures are followed, since the defendant acquired by transfer of the security provisional registration from the Samchi Construction Industry Co., Ltd. by transfer of the security provisional registration.

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.

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