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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 court of first instance dismissed the plaintiff's primary claim and partly accepted the conjunctive claim.
Since the defendant appealed only against this, this Court decides only the conjunctive claim.
2. The reasoning of the court of first instance is as follows: (a) the testimony of witness F in Section 12 of Section 3 of the first instance judgment as “F of the first instance trial witness testimony”; (b) the first instance judgment as “the result of the market price appraisal by the appraiser G” in Section 6 as “the result of the market price appraisal by the court of first instance”; and (c) the second instance judgment as follows in Section 7 of the first instance judgment as well as adding the following contents to the second instance judgment following Section 12; and therefore, (d) the first instance judgment as it is, pursuant to the main sentence of Article 420 of the Civil Procedure Act,
(Attachment Map) 【Additional Part” (Attachment Map). (A) Although the entire land cannot be the same form even if it is a parcel of land, it is not easy to determine the final transaction price based on the average value of one square meter of land and the overall size at the time of conclusion of the land sale contract. In general, it is reasonable to calculate the amount of damages for the defective portion of the part of the land before the instant sale contract, which is subject to the instant sale contract, based on the difference between the average value of one square meter of land and the average value of one square meter of land at the time of the purchase of the land before the instant partition, and the Defendant also determined the sale price based on the average value of one square meter of the land before the instant partition, on the premise that there is no defect.
3. Therefore, the judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.