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(영문) 서울고등법원 2015.04.10 2014나37325

손해배상(기) 등

Text

1. All appeals filed by the Plaintiffs and Defendant C are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following addition or supplementary determination as to the part concerning which the plaintiffs and defendant C raised as the grounds for appeal in the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Additional or supplementary judgment

A. In addition, “3, 6” in the last sentence of the second sentence of the judgment of the first instance, including the addition, shall be deemed to be “3, 6, 10, and 12 evidence”; “F.” in the fourth and fourth sentence of the judgment of the first instance, around December 15, 2014, entered into a contract for the transfer and takeover of claims with the purport that F would transfer the Plaintiff’s claims against the Defendants under the instant sales contract and the instant agreement; and on February 9, 2015, the notice of the transfer of claims to the Defendants was sent to the Defendants at that time.”

B. As to the grounds for appeal by the Plaintiffs, since the market price of H land was also increased if a road was constructed under the instant agreement, Defendant D, a seller of the said land, should compensate the Plaintiffs for damages equivalent to the difference in the land price in the condition where the road is not constructed from the land price in a state where the road was constructed under the instant agreement. 2) As a result of the appraisal by the appraiser, the appraisal method, etc. should be respected unless there is a significant error that the appraisal method is contrary to the empirical rule or unreasonable.

(See Supreme Court Decision 2009Da84608 Decided January 12, 2012). In light of the foregoing legal doctrine, in full view of the following: (a) the result of the appraisal commission to K of the first instance appraiser; and (b) the fact inquiry conducted on February 5, 2014, the appraiser K calculated each based on the method of assessment stipulated in the relevant Acts and subordinate statutes, depending on the individual product standard principle of appraisal and assessment; and (c) the market price fluctuations depending on the construction of G land and H land.