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(영문) 서울고등법원 2015.08.28 2014나59912
임대료
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. The reasons for the recognition, modification and addition of the judgment of the court of first instance are as follows, and the reasons for the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of

[Supplementary or additional parts] From 2 pages 14 to 17 of the judgment of the court of first instance are as follows.

C. As of November 1, 2012, monthly rent of the instant real estate is KRW 10,88,00 and monthly management expenses is KRW 2,012,00 (the Plaintiff asserts that the appraisal of the monthly rent and management expenses of the instant real estate was made in accordance with the “ adequate calculation method” rather than the “lease comparison method,” but the appraisal method of the appraiser’s appraisal should be respected unless the appraisal method violates the empirical rule or is unreasonable (see, e.g., Supreme Court Decision 2004Da70420, 70437, Feb. 22, 2007). (2) In light of the appraisal method, “the reasonable appraisal method” under Article 2 subparag. 6 of the Appraisal and Assessment Act and Article 25 subparag. 25 of the Appraisal and Assessment Act should be construed as “the rent method” and “the rent method” under Article 204Da70420, 70437, supra.

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