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(영문) 서울중앙지방법원 2015.04.28 2014나15230
부동산 매도 등
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 in this case is as follows, except for the addition of the following, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. On the Defendant’s assertion of omission of development gains, the Defendant asserts that development gains were omitted in the appraised value of the instant real estate.

The fact that the Plaintiff obtained authorization from the head of Seodaemun-gu Seoul Metropolitan Government on October 8, 2008 pursuant to the Urban Improvement Act and subordinate statutes, and on January 26, 2012, the Plaintiff obtained authorization for the implementation of the project whose project is the Seoul Seodaemun-gu Seoul Seodaemun-gu 19,468.90 square meters as the project implementation district for the maintenance project including the instant real estate, is recognized as above.

The following circumstances revealed by comprehensively taking account of the appraisal results of the appraiser E’s office’s appraisal results and the purport of the entire pleadings. ① The appraiser conducted an appraisal on May 18, 2012, which was after the date of the above project implementation authorization, on the premise that the sales contract was concluded due to the Plaintiff’s exercise of the Plaintiff’s right to sell the instant real estate, and development gains from the project implementation authorization was formed and reflected in the market; ② the appraiser conducted a transaction case of the same floor (five floors) in the same complex as the instant real estate (F apartment) and the same area for exclusive use (52.23 square meters) on the same area (52 square meters) on December 17, 2012, the amount of the development gains should be calculated by separately comparing the above part of the apartment, which was sold at KRW 21,502, 178,450,000, and KRW 184,500,000, and KRW 207,200,000.

In light of the fact that there are no circumstances under which the appraisal results may not be trusted or believed, the appraised value of the said appraiser shall be 176,78.

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