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(영문) 서울고등법원 2017.02.09 2016나2033972
소유권이전등기
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 414,083.

Reasons

1. The reasoning for the court's explanation of this case is that the result of the first instance court's appraisal of each real estate of this case and the result of the first instance court's appraisal of each real estate of this case differs from the market price of a building listed in the annexed list No. 2 of this case (hereinafter "the building of this case"), whichever of them is appropriate, paragraph 2 below is additionally determined and accordingly, it is identical to the reasoning of the first instance court's judgment, except for the fact-finding of the first instance court with respect to the market price of each real estate of this case as stated in the reasoning of the first instance court's judgment

2. Market price of each real estate of this case;

A. As of August 12, 2013, the appraisal result of the first instance trial appraiser D (hereinafter “the appraisal result of the first instance trial”) and the appraisal result of the appraiser E (hereinafter “the appraisal result”) were submitted with respect to the market price of the instant building as of August 12, 2013. Since the appraisal result does not coincide with the above appraisal result regarding the market price of the instant building (the appraisal value of the land stated in paragraph (1) in the attached list is equal to the market price of the instant building), all of the appraisal results as to whether to adopt a certain appraisal result, such as the structure, use status, and management status of the instant building, are subject to the fixed price method. However, the appraisal result of the first instance trial is based on the newly constructed unit price table of the building in 2015, while the appraisal result of the first instance trial calculated based on the newly constructed unit price table of the building in 2013, the appraisal result of KRW 10,500,000,000,000,00 square meters per piece.

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