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(영문) 서울고등법원 2019.07.05 2019나2000652
소유권이전등기
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 for the court’s explanation of the instant case is as follows: “The Plaintiff filed an appeal by the court of first instance (Supreme Court Decision 2016Da255613)” in the fourth and fourth instances of “The Plaintiff’s appeal by the court of first instance (Supreme Court Decision 2016Da255613)” and “The appeal by the court of first instance was dismissed on February 28, 2019 (Supreme Court Decision 2016Da255613).” The following judgments were the same as the judgment by the court of first instance, except for the addition of the judgment by the court of first instance. Therefore, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(4) The defendant's right to demand a sale in this case was exercised after the expiration of the exclusion period, as seen in the above cited part, since the defendant withdrawn from the argument that the above Supreme Court case is still pending, the above cited part is excluded from the above cited part).

It cannot be deemed that the method of appraisal, etc. of the second appraisal is against the empirical rule or unreasonable, etc., and the defendant's assertion on the grounds for appeal to the effect that the defendant's additional submission of evidence Nos. 7 through 13 in the trial is insufficient to reverse the recognition or judgment of facts in relation to this part of this part by only the result of the plaintiff's principal examination and the result of the appraisal review of the Korea Appraisal Board upon the defendant's request, or the result of the appraisal review of the plaintiff's representative and the Korea Appraisal Board.

3. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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