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(영문) 대구지방법원 2019.01.10 2018나303699
소유권이전등기
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 of this case is to replace the attached Form of the judgment of the court of first instance with the annexed Form of this judgment, and the defendant's assertion added to this court is to add the following "2. Additional Judgment" as stated in the reasoning of the judgment of the court of first instance, and thus, this is to be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the Defendant’s assertion is that the real estate of this case is not based on the circumstances actually abutting on the road although each of the real estate of this case is in contact with the franchise registered in the public account book or the road, and thus, the value of the real estate should be determined by reflecting such circumstances.

B. The appraisal result of the judgment appraiser should be respected unless the appraisal method, etc. is against the rule of experience or unreasonable (see, e.g., Supreme Court Decision 2006Da67602, 67619, Jul. 9, 2009). According to the result of the court of first instance’s entrustment of appraisal D with the appraiser D by the court of first instance, according to the court’s entrustment of appraisal supplementation and supplementation of the appraiser D and the purport of the entire argument, each of the instant real estate is deemed to be linked to the road and its price is recognized as having been calculated based on the appraisal method, and otherwise, the above appraisal result is obviously contrary to the rule of experience.

The defendant's assertion is without merit, since it is difficult to view the credibility of the appraisal result due to lack of social reasonableness.

3. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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