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(영문) 서울고등법원 2016.11.25 2016나2033996

소유권이전등기

Text

1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. The reasoning for the court’s explanation concerning this case is that “96,40,000 won” among the judgment of the court of first instance shall be “109,890,000 won” and “6th or lower” shall be “12,00 won. The adequacy of the settlement amount calculation shall be the same as the part of the reasoning of the judgment of the court of first instance, except for the case where the “reasonable calculation of settlement amount” is used as follows. Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary Use】

C. As of August 12, 2013, the day following the end of the period for application for parcelling-out, the first instance appraiser D was assessed to KRW 96,400,00 with respect to the market price of the instant real estate as of August 12, 2013, and KRW 97,524,000 with respect to the first instance appraiser E.) for the following reasons, the Defendant asserts that the legitimate market price of the instant real estate is KRW 109,890,000 with respect to this case’s real estate for the following reasons. (A) The first instance appraiser is the same multi-household house in Seongbuk-gu Seoul, Seoul and the first instance appraiser in Seongbuk-gu, Seoul, which is the trading case designated by the first instance appraiser in the first instance court. However, the comparison of the first instance appraiser’s trading cases with the first instance appraiser’s first instance appraiser’s trading cases at the first instance court’s first instance court’s first instance appraiser’s first instance judgment’s first instance court’s first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s second judgment’s case.

C) Therefore, as of August 12, 2013, a reasonable market price as of August 12, 2013 is KRW 109,890,00 (unit price of case 3,070,000/m2 x time adjustment x 1.071 x time adjustment x 1.071 x 0.99 x 0.99 x 0.9404 x 36.12 m2 x 36.12 m2 m2) with a false appraiser’s appraisal method, etc.