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(영문) 수원지방법원 2020.04.16 2019나85546
위약금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court of this case cited in the judgment of the court of first instance are as follows, with the exception that the plaintiff and the defendant added or added the judgment of the court of first instance as to the assertion that the plaintiff and the defendant stressed or added to this case, and thus, they are cited as it is by the main text of

2. Additional determination

A. The defendant's assertion (1) argues that the judgment of the court of first instance is unlawful on the ground that the result of the appraisal commission for the president of the mountainous district located within the Korea Land Information Corporation in the first instance (hereinafter "the result of the appraisal of this case") was remarkably erroneous, and that the judgment of the court of first instance is unlawful, despite the fact that the defendant should measure the straight distance based on each building of the building E-building F (hereinafter "the E-building location of this case") in Ansan-gu, Ansan-si, the education institute and the defendant taught students, and that the straight distance was measured based on the top point of the site located within the above building.

The appraisal result of an appraiser shall respect unless the appraisal method, etc. is against the empirical rule or unreasonable (see, e.g., Supreme Court Decision 2011Da103199, Jan. 24, 2013). The following circumstances revealed in the argument in the instant case are used for the use and profit-making of the building: ① generally, the user of the building uses parking lots, etc., which are not directly included in the building area of the building among the site of the building, for the use of and profit-making from the building; ② even if the appraisal result of the instant appraisal is conducted based on the building site, which is not the building located in the instant private teaching institute and the instant teaching place; ② even if the straight distance is measured based on each building where the instant private teaching institute and the instant teaching place are located, it appears that the straight distance is within 2 km; ③ the straight distance varies depending on the shape of the land depending on the form of the land is natural as a result.

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