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(영문) 서울고등법원 2015.09.18 2015나1415
소유권이전등기 등
Text

1. Of the judgment of the first instance, the part concerning Defendant B and C shall be modified as follows.

Defendant B from the Plaintiff 326,736.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment of the court of first instance is reasonable inasmuch as it is reasonable to accept the reasoning of this judgment, except for the following additional contents.

(However, the judgment on the assertion added by the appellate court on the 2th anniversary of the 12th judgment (excluding the part below 5th judgment)

A. According to the market price appraisal conducted by the first instance trial appraiser H with respect to the market price of 27 square meters J-gu, Ansan-si, Ansan-si, the gap rate is 0.33 merely on the ground that the road is a present condition, even though the road in attached Table 1, which is the subject of the claim for sale, is identical to the “ordinary standard” level under other conditions that assess future trends, possibility of conversion into use, etc. (hereinafter “road in this case”).

However, as long as the current status of land within a housing reconstruction improvement zone is a part of the site of multi-family housing if the improvement project is implemented even if it is a road, the market value is the same as the market value of the neighboring site when the reconstruction project is implemented. However, it is reasonable to calculate by the method of reducing or assessing by taking into account individual factors, such as the type of the land, accessibility to the main main road, and the conditions

(대법원 2014. 12. 11. 선고 2014다41698 판결 참조). 이러한 법리에 비추어 보면, 현황 도로인 사정을 제외할 경우 이 사건 도로는 비교표준지와 기타조건에서 동일하므로 그 격차율은 1.00으로 평가함이 상당하고, 그와 같이 하면 격차율 합계는 1.47(= 1.08 × 1.00 × 1.42 × 0.96 × 1.00 × 1.00)이 되어, ㎡당 토지단가는 208만 원(≒ 855,000원 × 1.00 × 1.00 × 1.47 × 1.66)으로서 이 사건 도로의 시가는 5,616만 원(= 208만 원 × 27㎡)이라고 봄이 옳다.

Therefore, the market price of Defendant B and C’s real estate (each of the real estate listed in the attached list No. 1/2 shares) is KRW 326,736,00 in total [=(56,160,000 445,120,000 152,192,000 ±2.

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