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(영문) 창원지방법원 2018.10.26 2018나53471
건물철거 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: (a) except where “No. 7-24 of the evidence No. 7” of the first instance judgment is deemed as “No. 2 of the evidence No. 3 of the judgment of the court of first instance”; and (b) such reasoning is cited in accordance with the main sentence of Article 4

[Plaintiff asserts that the result of the appraiser I’s survey and appraisal by the first instance court is not reliable, but the appraiser’s appraisal result shall be respected unless there is a significant error, such as that the appraisal method is contrary to or unreasonable from the empirical rule (see Supreme Court Decision 2012Da18762, Oct. 15, 2014). Thus, the appraiser I’s appraisal result is deemed to have been considerably erroneous, such as that the appraisal method is contrary to or unreasonable from the empirical rule, and thus, the Plaintiff’s above assertion is difficult to accept. 2. Accordingly, the judgment of the first instance is justifiable, and the Plaintiff’s appeal is dismissed as it is without merit.

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