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(영문) 청주지방법원충주지원 2016.08.10 2016가단20032
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs purchased a bid of 2,621m2 (hereinafter “instant real estate”) in the case of the auction of the D's real estate rent in the Daejeon District Court of Daejeon, Daejeon-gu E-gu, Chungcheongnam-gu, Seoul-gu. (hereinafter “instant real estate”).

In the above auction case, the defendant is a certified public appraiser who has appraised the real estate of this case in accordance with the court's order for appraisal.

B. The appraisal report on the real estate in this case states that the value of the real estate in this case itself is KRW 120,566,000, and the value of KRW 86,800,000 is 120,000,000,000,000.

The minimum successful bidder of the instant real estate was KRW 83,629,000, and the Plaintiffs applied for the purchase by entering KRW 103,100,000 (49.72% of the appraised Value) in the bidding list, and received the successful bid of the said real estate.

The Plaintiffs paid the proceeds of sale on June 23, 2015, and completed the registration of ownership transfer each of 1/2 shares of the instant real estate on the following day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. Article 36 of the Public Notice of Values and Appraisal of the gists of the Plaintiffs’ assertion provides that “When an appraisal business operator causes damage to a client or a bona fide third party by making an appraisal at the request of a third party by intention or negligence and making a substantial difference from the reasonable price at the time of the appraisal or by making a false statement in the appraisal document, an appraisal business operator shall be liable to compensate for such damage.”

However, unlike as stated in the appraisal report, the trees planted in the instant real estate have no economic value, and the appraisal report does not provide the basis for assessing the value of trees. Thus, the Defendant made a false appraisal of the instant real estate by intention or gross negligence.

(b).

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