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(영문) 대법원 2010. 01. 14. 선고 2009두15517 판결

부당행위계산부인에 있어 토지의 시가적용[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2008Nu20071 (Law No. 24, 2009)

Case Number of the previous trial

Suwon District Court 2007Guhap3010 ( October 17, 2008)

Title

Application of the market price of the land by wrongful calculation ;

Summary

In light of the fact that a transaction is conducted on the premise that a building is demolished at the time of calculating the market price of the land, the value of the building shall be deemed the value of the land.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition