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(영문) 서울고등법원 2017.04.21 2016나2071509

손해배상(기)

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

The reasoning of the judgment of this court citing the judgment of the court of first instance is to add to the judgment that is insufficient to recognize the negligence of the defendant A even when considering the respective descriptions of the evidence No. 18-1 through No. 4 submitted by the plaintiffs in the trial. The reasoning of the judgment of this court citing the above judgment is as follows, except for adding the following judgments as to the allegations added by the plaintiffs in the trial of the court of first instance, thereby citing it as it is in accordance with the main sentence of

According to Article 13(2)9 of the Rules on the Evaluation and Evaluation of Violations of the Plaintiffs’ Claims (the details of the relevant provisions are as shown in attached Form 3) as to the Plaintiffs’ assertion in the trial of the party. In the event that an appraisal condition is attached, the appraisal report shall contain the grounds therefor, the rationality, legality and feasibility of the appraisal condition.

The Defendants, despite having conducted an appraisal by attaching the circumstances that “the instant real estate is likely to be determined as being included in the district unit planning zone,” under the special appraisal terms, did not state the reason thereof and the rationality of the appraisal terms and conditions in the instant appraisal report in violation of the said provision.

Judgment

The statement of No. 1 alone is insufficient to deem that the appraisal of this case was evaluated with the above appraisal condition, and there is no other evidence to acknowledge it.

Rather, on March 30, 201, the Class I district unit planning plan including the instant real estate was resolved through consultation with the Jongno-gu Urban Planning Committee on March 30, 201, and the Class I district unit planning (the proposed district unit planning) included the instant real estate at the time of the instant appraisal, and was included in the certificate of land use planning regarding the instant real estate as “ Class I district unit planning (draft) and a group of housing complex development projects”, and ③ the appraisal of the instant real estate is based on the premise that it is possible to construct the instant real estate in accordance with the Class I district unit planning (draft).