(영문) 서울고등법원 2018.10.02 2018나2024170

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2018.10.02 2018나2024170

감정평가수수료

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 of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary 3] The following shall be added to “Articles 2 and 3(3)1 of the Guidelines for Remuneration of this case” in Article 10 of the Court of First Instance 3. [In the case of conducting any of the following special assessments, the rate of 150/100 shall be applied to the appraisal commission under paragraphs (1) and (2):

[) Following the 11th sentence of the judgment of the first instance court, the following shall be added to the second sentence of the said judgment. [1] The conclusion of a new appraisal contract with the Plaintiff and the Defendant requires a resolution at a general meeting of members pursuant to Article 24(3)5 of the former Act on the Maintenance and Improvement of Urban Areas (amended by Act No. 14567, Feb. 8, 2017). Thus, it is not effective since the conclusion of a new appraisal contract with the Plaintiff and the Defendant requires a resolution at a general meeting of members, it is not subject to a separate resolution at a general meeting. ② At least 5,00,000, the actual cost of the residential environment impact analysis service cost calculated at the time of the appraisal of the intangible apartment is not recognized in the instant service contract. ③ At least 4 apartment buildings (Edong, Fdong, Gdong, and H56 households), for which the design has not been modified, the application for resumption of the appraisal fee is rejected as follows.

First, as to whether the resolution of the general meeting of the separate defendant association members on the instant appraisal contract is required, the health examination will be conducted earlier.

3.2

As examined in paragraph 1 of this case.

참조조문

-도시 및 주거환경정비법 제24조 제3항 제5호

-민사소송법 제420조

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