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(영문) 서울고등법원 2015.05.29 2013나75771
부동산소유권이전등기 등
Text

1. Of the judgment of the first instance, the part against Defendant H in the judgment is modified as follows.

Defendant H shall be in [Attachment] from the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, except for the following parts written or added:

(The main text of Article 420 of the Civil Procedure Act). Of the grounds of the judgment of the court of first instance, the phrase “B evidence Nos. 1-1 through 4 of Eul evidence Nos. 1-4” is written in Eul evidence Nos. 1-1 through 4, Eul evidence No. 1-2, as a result of the market price appraisal by the court of first instance, if the court requires special knowledge and experience in order to determine certain matters, the appraisal by the market price appraisal by the court of first instance is nothing more than using such knowledge and experience as a means to assist the determination. Thus, in a lawsuit on the increase or decrease of compensation, there are several conflicting appraisals about the same facts, and in the absence of any evidence to prove that there is an error in one of them, the court has employed any one of the appraisal or recognized the facts based on only one of them.

Even if it does not go against the logical or empirical rules, it cannot be deemed unlawful.

(See Supreme Court Decision 94Nu14919 Decided September 5, 1995, Supreme Court Decision 2005Da11954 Decided February 28, 2008, Supreme Court Decision 2012Du1570 Decided December 11, 2014, etc.). Meanwhile, if a project implementer exercises the right to demand sale against a person who does not participate in a housing reconstruction project under Article 39 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the project implementer has expressed his/her intention to exercise the right to demand sale and at the same time a sales contract is established based on the market price of the land or building of the person who does not participate in the housing reconstruction project. Accordingly, the market price at this time is the objective market price of the land or building at the time of exercising the right to demand sale, not the market price under the premise that it will be removed due to aging or under the current condition that the housing reconstruction project has not been implemented.

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