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(영문) 서울고등법원 2015.09.17 2015나2020443

소유권이전등기 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court's explanation concerning this case is as follows, except for the third to the sixth to the sixth to the sixth to the third to the sixth under the court's fifth decision, and therefore, it is identical to the reasoning of the court's decision of the first instance. Thus, this is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As to this case’s appraisal results, the Plaintiff has been assessed at a higher level than 10% compared to the appraisal results conducted by the Uniform Appraisal Corporation recommended by the head of Dongjak-gu upon the request of the appraiser to recommend the Plaintiff’s cash liquidation. In light of the aforementioned appraisal results, the process of selecting the Uniform Appraisal Corporation and the Flad Appraisal Corporation, and the appraisal capacity of the above appraisal corporation, etc., the appraisal results of this case’s appraisal are unfair, and the purchase price should be determined according to the appraisal results conducted by the Uniform Appraisal Corporation and Flad Appraisal Corporation. However, the appraisal results of a court’s selected appraiser should be respected unless the appraisal methods are against the empirical rule or unreasonable (see, e.g., Supreme Court Decision 2006Da67602, 6719, Jul. 9, 2009). The Plaintiff’s assertion that the appraisal results of each real estate presented by the Defendant are significantly lower than the appraisal results of this case’s appraisal results cannot be accepted (see, e.g., the Plaintiff’s allegation in the above judgment).

3. Therefore, the decision of the first instance court is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.