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(영문) 광주지방법원 2020.01.15 2019나292 (1)
소유권이전등기 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the defendant's additional statement as to this case's assertion made by the court of first instance as stated in the following paragraph 2. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article

2. The Defendant asserts to the effect that the market price of the instant real estate recognized by the first instance court is unjust as it is based on the appraisal result of the first instance court appraiser conducted without properly investigating the instant real estate.

Results of appraisal by an appraiser shall be respected unless the method of appraisal, etc. is against the rule of experience or is considerably unreasonable, etc.

(2) In light of the fact that the appraisal report prepared by the first instance court L and the internal photographs of the real estate in the attached list are attached to the appraisal report (see, e.g., Supreme Court Decision 2010Da93790, Nov. 29, 2012). In the instant case, the said appraiser appears to have conducted an appraisal on the instant real estate through the on-site investigation prescribed in Article 10(1) of the Rules on the Appraisal and Evaluation, and otherwise, the appraisal result by the first instance appraiser cannot be deemed to be contrary to or unreasonable to the rules on the appraisal and evaluation or the empirical rule.

Therefore, the defendant's above assertion is without merit on a different premise.

3. As such, the plaintiff's claim of this case is justified within the scope of the above recognition and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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