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(영문) 서울동부지방법원 2017.04.12 2016나24521

공유물분할

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 2 of the text of the judgment of the court of first instance.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the court shall add the following to the statement "19,139,930 won" in Part 5 of Part 4 of the judgment of the court of first instance; and (b) change the "18,848,010 won" in Part 9 of the judgment of the court of first instance to "18,850,010 won"; and (c) therefore, it is identical to the reasons for the judgment of the court of first instance.

2. Additional parts [The defendant asserts that the appraisal result was calculated excessively low, and that the market price of the share in real estate that the defendant lost reaches 49 million won. However, the appraiser's appraisal result should be respected unless the appraisal method violates the rule of experience or lacks rationality, etc. (see, e.g., Supreme Court Decisions 2004Da70420, 70437, Feb. 2, 2007; 2006Da67602, 67619, Jul. 9, 2009; 2006Da67602, 67619, etc.). The evidence submitted by the defendant alone is insufficient to recognize that the appraisal result was significantly wrong in the way that the appraisal result was against the rule of experience or unreasonable, and there is no other evidence, and thus the defendant's above assertion is not accepted).

3. As such, the judgment of the court of first instance is justifiable, and the defendant's appeal is dismissed. However, since the "18,848,010 won" in the disposition of the court of first instance is obvious that it is an error of "18,850,010 won" in the disposition of the court of first instance, it is so decided as per Disposition.