beta
(영문) 서울고등법원 2019.07.04 2019나2014095

부동산매도청구의 소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the appellate court’s judgment citing the judgment of the court of first instance is as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows.

In the judgment of the court of first instance, the 5th 3th 4th 1st 5th 6th 1st 3th 4th "the F building was calculated at the same price as the F building".

The following shall be added to the five pages 11 of the judgment of the first instance.

Since appraisal is nothing more than a court’s use of such knowledge or experience as a means to assist in a judgment where a special knowledge or experience is required to determine certain matters, unless there are several appraisal and assessment of the same facts and there is no evidence to prove that there is an error among either one of the appraisal and assessment, even if a court employs any one of them or acknowledged facts based on only a part of the appraisal and assessment, it cannot be deemed unlawful unless it violates the empirical rules or logical rules (see, e.g., Supreme Court Decisions 99Du1731, Jun. 15, 2001; 2012Du1570, Dec. 11, 2014; 2017Da25347, Nov. 29, 2017).

B. 1-B) The appraiser of the instant case determined the present condition of the instant land as the land abutting on one side on the road with a width of less than eight meters available for the traffic of the motor vehicle, and the Defendant asserts that it should be determined as the land abutting on two or more sides in the vertical length where the traffic of the motor vehicle is available.

The instant land appears to be in contact with a road at the same road (J) where two sides are adjacent to the road, and the said road falls under the “quasi-path” where the bend corner is inside the bend corner. The Ministry of Land, Infrastructure and Transport, the Ministry of Land, Infrastructure and Transport, and the Ministry of Land, Infrastructure and Transport in 2018.