1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance is as stated in the judgment of the court of first instance, except for the addition of "a judgment on the argument emphasized by the defendant in the trial of the court of first instance" as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the assertion that the defendant emphasized in the trial room

A. In the event that the Defendant’s assertion right to demand sale is exercised, the market price of the subject matter should be calculated as reflecting the development gains anticipated from the reconstruction project. The result of the request for appraisal to D by the first instance court appraiser (hereinafter “the result of appraisal of this case”) is unfair because such development gains are not properly reflected.

B. A) In a case where a sale and purchase contract for the land or a building is established based on the market price as a result of exercising a claim for sale, the market price at this time means the objective transaction price of the land or a building at the time when the right to request sale was exercised, under the premise that the land or a building is not the market price under the premise of removal due to aging or the current status where the housing reconstruction project was not implemented, but the price that includes the assessed price of the land or a building, i.e., the development gains anticipated to be incurred due to reconstruction, rather than the market price under the premise that the housing reconstruction project is implemented. Furthermore, according to the appraisal result of the instant case, appraiser D is respected unless there is an obvious error, such as the method of appraisal, contrary to the empirical rule or unreasonable (see, e.g., Supreme Court Decision 2012Da69159, Aug. 20, 2014).