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(영문) 부산고등법원 2017.11.24 2017누22381
토지수용에대한보상금증액청구
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except where the following judgments are added to the fifth of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. According to the result of the plaintiffs' own appraisal at the trial court, the plaintiffs asserts that the court appraisal at the court of first instance should make a re-appraisal as they are not able to believe the result of the court appraisal at the court of first instance.

However, the result of the appraiser’s appraisal should be respected unless there is a significant error, such as the method of appraisal, etc. against the rule of experience or unreasonable.

(See Supreme Court Decision 2011Da103199 Decided January 24, 2013, and Supreme Court Decision 2013Da92866 Decided December 11, 2014, etc.). Moreover, a court may choose not to examine the evidence requested by a party, unless it is the sole evidence of the facts alleged by the party.

(Article 290 of the Civil Procedure Act). In this case, the result of the court appraisal of the first instance court and the result of the appraisal of the objection are not found to be erroneous in the selection of comparative standard points, time revision, regional factors and individual factors, and other factors. Therefore, the result of the appraisal of the first instance court and the result of the court appraisal of the first instance court should be respected, and it is recognized as a fair compensation by selecting any one of each appraisal at the discretion of the court unless it is contrary to logical and empirical rules. Therefore, it cannot be deemed that the first instance court erred in calculating the compensation according to the result of the court appraisal of the first instance court.

Although there is a difference between the plaintiffs' own request for appraisal and the result of the court appraisal at the court of first instance, the appraisal method at the court of first instance shall be respected so long as there is no obvious fault, such as that it is against the rule of experience or unreasonable.

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