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(영문) 부산고등법원(창원) 2020.11.12 2019나11862

손해배상(기)

Text

1. The part against the Defendants in the judgment of the court of first instance is revoked, and the Plaintiff corresponding to the revoked part is the Defendants.

Reasons

1. Basic facts

A. On June 2008, the Plaintiff requested the Defendant B Co., Ltd. (hereinafter “Defendant Corporation”) to appraise E forest land 793 square meters and F forest land 15,273 square meters in order (hereinafter “instant 1 forest land”; and “instant 2 forest land” in total, the “each of the instant forest land” was referred to as “each of the instant forest land”).

B. On June 17, 2008, Defendant C, an appraiser affiliated with the Defendant C’s corporation, who is an appraiser of the said corporation, selected G forest land G 17,821 square meters (hereinafter “the instant comparative standard”) as a comparative standard with the value similar to each of the instant forest land on June 17, 2008 and assessed the appraisal value of each of the instant forest land as of June 17, 2008 at the time of price.

The current status of the comparative standard site of this case and the result of the appraisal of each forest of this case (hereinafter “instant appraisal”) are as follows.

G 17,821 Forest and Natural Forest Management Area G 17,821 G 4,800 [the current status of the comparison standard site in this case] the unit price per 15,895,000 square meters per 15,273,2739,2739,843,000 square meters for a forest and forest management area in the state of the use of land category in the area of a specific use area of a specific use area, where a specific use area is located, for each 15,273,389,843,00 total sum of 16,066,06-1,40,71,738,000 square meters per 793,738,000 square meters per 15,273,2739,383,000 forest and forest management area in a specific use area of a road;

C. Based on the appraisal of the instant case, the Plaintiff loaned 90 million won to I on June 20, 208, with interest rate of 7.68% per annum, and on June 20, 2011, based on the appraisal of the said case. On June 23, 2008, the Plaintiff was granted a right to collateral security of KRW 1,170,000 with respect to each of the instant forests and fields, with respect to the obligor I, the maximum amount of debt amount of KRW 1,170,000,000. 2), and on March 15, 2017, the Plaintiff filed an application for voluntary auction with the Changwon District Court for an auction (hereinafter “instant auction”).

In this case, the appraisal by the auction court is conducted.