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(영문) 의정부지방법원 2015.01.30 2014가합50545

구상금

Text

1. The Defendant’s KRW 206,239,00 for the Plaintiff and KRW 5% per annum from February 18, 2014 to January 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a person who was the owner of 1,225 square meters prior to C, 57 square meters prior to D, and 237 square meters of forest E (hereinafter the above three parcels collectively referred to as “instant land”). The Defendant is a person who leased and cultivated the instant land from around 2009 to 2010.

B. On September 2009, the Defendant purchased in 1,60,000 inorganic sludge (CL, CH), etc. from F, and recovered the instant land by reclaiming approximately 1,462 cubic meters in depth in the instant land by reclaiming volume of approximately 1,462 cubic meters. Although the above inorganic sludge should be treated in accordance with the relevant provisions of Article 2 subparagraph 1 of the Wastes Control Act, the Defendant buried the said inorganic sludge in violation of this Act.

C. On May 9, 201, the Plaintiff, among the instant land, sold to G KRW 1,225 square meters, the sum of KRW 26 square meters, and KRW 237 square meters, among KRW 57 square meters, 303,000,000, and KRW 333,000,000 as the down payment from G, and KRW 220,000,000 as the intermediate payment on the same day on the same day on June 23, 201, and the remainder on July 1, 201.

G completed the registration of ownership transfer as of July 1, 201 with respect to the above purchased land by the Jung-gu District Court Macheon District Court Macheon Office 25324, and after changing the land category into the factory site on September 30, 201, the G newly constructed a fiber factory on the ground around October 201.

E. On March 2012, G filed a lawsuit seeking damages from the Plaintiff on September 17, 2013 due to defects in the land purchased from the Plaintiff. In the process of the said lawsuit (Korean Government District Court 2013Gahap10342), the fact that inorganic sludge buried in the instant land was the cause of rupture and corrosion of the factory around 2009, and the appraisal was made that the cost of removing inorganic sludge buried in the instant land and restoring it to the normal state was KRW 206,239,000.

(f).