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(영문) 서울고등법원 2015.12.02 2015나2036745
손해배상(기)
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 for the court’s explanation concerning this case is as follows: (a) the last sentence of the judgment of the court of first instance is amended to “ May 6, 2014.” and (b) the reasoning for the judgment of the court of first instance 3-B;

(2) The reasoning of the judgment of the first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, except for the cases where the part of (4) (2) (2) (2) (2) (3) (2) (2) (2) is written as follows: (3) 8, 10, 11, 16, 10, 12, 10

2. (2) The summary of the claim that the selection of adjacent similar land is unfair in calculating the appraised value of (a) the part used in the court of first instance [3-b. (2), (4) (3) [2] [3] [3] [2] [3] [4] [2] [3] [3] [4] [2] [2] [3] [4] [2] [3] [4] [2] [3] [4] [2] [3] [4] [4] [4] [1] 8 of the court of first instance, 10, 100, 16, and 12.

(B) The appraisal result of the appraiser’s appraisal method, etc. is against the empirical rule or unreasonable (see, e.g., Supreme Court Decision 96Da1733, Feb. 11, 1997). Meanwhile, the Plaintiff’s loss of the right of repurchase due to the loss of the right of repurchase is the amount calculated by deducting the sum of the appraisal value at the time of loss of the right of repurchase multiplied by the rate of increase in land price of similar similar land adjacent to the previous business, which is not related to the previous business, from the appraisal value at the time of loss of the right of repurchase. The “the rate of change in land price of similar similar land” here means the amount calculated by deducting the sum of the appraisal value at the time of loss of the right of repurchase from the aggregate of the appraisal value at the time of loss of the right of repurchase, which is calculated by multiplying the compensation amount at the time of loss of the right of repurchase by the rate of increase in land price of similar land adjacent to the neighboring business.

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