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(영문) 대법원 2020.06.04 2019다294084
소유권이전등기
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

For the reasons indicated in its reasoning, the lower court adopted the result of the lower court’s entrustment of appraisal that calculated the market price of the instant real estate as of January 11, 2016, thereby recognizing the purchase price.

Examining the record in light of the relevant legal principles, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by failing to state

The argument that Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017) infringes on the defendant's property rights or equality rights and thus is unconstitutional shall not be a legitimate ground for appeal since the defendant's assertion that it is unconstitutional is not asserted in the oral proceedings until the court below

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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