As the result of appraisal is merely a judge's use of the knowledge and experience of a person with special knowledge about the recognition of facts, it is legitimate to recognize facts based on one of the various appraisal results that conflict with the same facts, unless it violates the rules of evidence.

As the result of appraisal is merely a judge's use of the knowledge and experience of a person with special knowledge about the recognition of facts, it is legitimate to recognize facts based on one of the various appraisal results that conflict with the same facts, unless it violates the rules of evidence.

Articles 305 and 187 of the Civil Procedure Act

Plaintiff

Defendant

Busan District Court Decision 70Na816 delivered on August 19, 1971

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

Judgment on the grounds of appeal by Defendant’s Attorney;

The court below found that Gap evidence evidence Nos. 1. 1. 2 and 3 of the building owned by the defendant were installed in a building owned by the plaintiff and 1. 2 of the first instance court and the result of appraisal by the appraiser Nos. 1. 1. 1 and 3 of the appraiser Nos. 1. 1. 3 of the building owned by the defendant, with the same contents as the judgment of the court below and the result of appraisal by the appraiser Nos. 1. 1. 2 of the building owned by the defendant, and that the defendant protruding 13 of the building was protruding 13 of the building as stated in the plaintiff's first floor or the third floor wall of the above building. Thus, it is legitimate to consider the evidence preparation and the process or contents of the fact-finding in recognizing the above facts based on the records, and if there are special knowledge and experience about fact-finding, the judge is merely using the knowledge experience of the person with special knowledge and experience, so it is legitimate unless it would violate the rules of experience or logic. Accordingly, the court below's logic and 2.

Therefore, the appeal is dismissed as without merit. The costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judge Yang Byung-ho (Presiding Judge)