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(영문) 대법원 2013.11.28 2012다51899
소유권이전등기
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. Regarding the plaintiffs' grounds of appeal

A. (1) In a case where the facts against the rules of evidence regarding a confession in the trial are proved by the evidence that the confession is not in conformity with the truth, and the confession is deemed to be caused by mistake pursuant to the purport of the entire pleadings, the court shall allow the revocation of the confession, and the revocation of the confession in the trial shall not be necessarily required to be explicitly stated, but may be implied by asserting the facts contrary to the previous confession.

(2) The court below held that there is no dispute as to the defendants' confession that (a) K died on August 16, 1996, after the death of J, and that K died on or before December 22, 1989, after the death of J, it is reasonable to deem that the confession was against the truth and was caused by mistake, on the grounds that (b) the confession was lawfully revoked by the defendants' declaration of intent to cancel the preparatory document as of November 3, 201, and (b) the plaintiffs were asserting that the date of death of K differs from the date of death or around 1994 after the death of J, and (c) the plaintiffs were alive at the time of death of J.

(3) Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment and revocation of a confession in court

B. As to the misapprehension of the legal principle as to the extinguishment of the inheritance right due to the violation of the good faith, the lower court: (a) in order to deny the inheritance right by deeming the inheritance right to have been de facto renounced on the ground of the violation of the good faith principle, at least by doing an act that can be evaluated as having renounced the inheritance right by social norms; and (b)

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