1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons for the court's explanation of this case are as follows: the defendant's argument that is emphasized in the trial of the court of first instance is added to the judgment of the court of first instance; the result of each appraiser F's appraisal in the 3rd, 9th and 4th of the judgment of the court of first instance is "the result of each appraiser F's appraisal in the 4th of the judgment; the court of first instance is "the court of first instance" in the 4th of the judgment; and the 6th of the 6th of the judgment is "the date of the pronouncement of the judgment of this case" in the 420th of the Civil Procedure Act. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(However, the part of the court of first instance against Busan Jin-gu Busan Metropolitan City is excluded); 2. Additional determination

A. According to the Defendant’s appraisal by F appraiser F of the first instance trial, the amount of damages should be determined by deducting the amount according to the depreciation cost ratio as stipulated in the relevant provisions, such as the Corporate Tax Act, the Enforcement Decree of the Corporate Tax Act, and the Enforcement Rule, from the cost of removal and reconstruction calculated as above, since the instant house was 25 years after the date of delivery.

B. In light of the judgment, the deduction of depreciation costs claimed by the Defendant shall be able to exceed the exchange value of the instant house before the present phenomenon after the removal and reconstruction of part of the instant house.

However, even if a part of the instant house is demolished and reconstructed, there is no ground to conclude that the value of exchange of the instant house, which was accepted, would increase more than before the instant situation, and it is possible to repair the instant house by means of removing part of the instant house and reconstruction due to the Defendant’s act.

Therefore, the depreciation cost should be deducted by recognizing the amount of damages equivalent to the cost of partially demolishing the instant house and reconstruction.