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(영문) 서울북부지방법원 2016.11.22 2016나1081
공작물철거등
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The court's explanation concerning this case is based on the second-class judgment of the court of first instance.

This part of paragraph is the same as the reasoning of the judgment of the court of first instance, except for the following modifications, and this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The defendant asserts to the effect that each coordinate in the attached appraisal sheet is not correct, or that there is an error in the result of the survey appraisal in the first instance trial.

In contrast, the appraiser’s appraisal result should be respected unless the appraisal method is against the rule of experience or unreasonable (see, e.g., Supreme Court Decision 2013Da92866, Dec. 11, 2014). The evidence submitted by the Defendant alone, which led to the erroneous determination of each coordinate in the attached appraisal standard.

The defendant's assertion is without merit, since it is difficult to recognize that the appraisal method of appraiser H of the first instance court or the appraiser H of the first instance court is against the rule of experience or unreasonable.

2. In conclusion, the judgment of the court of first instance is justifiable, and all appeals against the plaintiffs are dismissed as it is without merit. It is so decided as per Disposition.

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