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(영문) 서울고등법원 2009. 07. 08. 선고 2008누37215 판결
시가를 산정하기 어려운 경우 보충적 평가방법에 따라 가액을 산정함[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court 2008Guhap4665 ( November 05, 2008)

Case Number of the previous trial

Early High Court Decision 2007J 4950 (02.04)

Title

Where it is difficult to calculate the market price, the value shall be calculated according to the supplementary evaluation methods.

Summary

Even if there are examples of transactions, if it is not a price formed by normal transactions that properly reflects the objective exchange values of donated property, the supplementary evaluation method shall be applied.

The decision

The contents of the decision shall be the same as attached.

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The disposition of imposition of KRW 116,125,370 against the plaintiff on August 7, 2007 by the defendant shall be revoked.

Reasons

This Court's reasoning is as follows: (a) evidence No. 2, No. 3, No. 11 of the judgment of the court of first instance No. 3, No. 2, No. 3 of the judgment of the court of first instance; and (b) evidence No. 3-1 through No. 6 of the evidence No. 3 of the judgment of the court of first instance; and (c) therefore, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act

If so, the plaintiff's claim should be dismissed without reason, and the judgment of the court of first instance is justifiable, so the plaintiff's appeal is dismissed without reason, and it is the same as the order.

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