손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The grounds for admitting the judgment of the court of first instance are the same as the part of the judgment of the court of first instance, except for the part that is changed as follows, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts changed;
A. From the second lower part of the judgment of the court of first instance, the term “purchase by consultation” was changed to “purchase by consultation” (hereinafter “the sale in this case”) and “Seoul Special Self-Governing City Dae-dong 77-6”, which is the full lot number address within No. 1 of the above table, is changed to “Seoul Special Self-Governing City Dae-dong 77-60, Sejong Special Self-Governing City.”
B. The third part of the judgment of the court of first instance changed the “land No. 1 out of the entire land purchased in the instant case” to the “land on the ground of the entire land purchased in the instant case”.
C. The part of the fifth to seventh is replaced by the following.
“B. 1) In order for the buyer to hold the seller liable for warranty under Article 580 of the Civil Act against the damage incurred by the defect in the subject matter of sale to the seller, the buyer must prove that the defect existing in the subject matter of sale and the defect existed at the time when the sales contract was concluded (see Supreme Court Decision 98Da18506, Jan. 18, 200).
2) Based on these legal principles, the instant case is examined. From November 14, 2012, the existence of the instant mixed waste was examined earlier. However, as to whether the instant mixed waste had already been buried in the instant land as of the time of the instant sale, some testimony by the witness B or C of the first instance trial, which seems consistent with this, was made by the witness of the court of first instance to the effect that the instant mixed waste was buried on the entire land of this case on the ground of the entire land of this case (as at the time of construction around 1994, the phrase that the instant mixed waste was buried before the construction of the entire land of this case was conducted, was examined from the person who investigated the cultural property around the entire land of this case.
To the extent that it directly makes such a survey.