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(영문) 창원지방법원 2015.10.15 2015가합1475

손해배상(기)

Text

1. Defendant Republic of Korea shall pay to the Plaintiff KRW 30,326,963 and the interest rate thereon from May 22, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is the executor of the development project of the Nammun-gu Free Economic Zone in Busan, Busan.

The Plaintiff entered into a contract to purchase KRW 679,272,00 for the purchase of KRW 679,272,00 for the price, and ② the Plaintiff purchased KRW 676-8,852 square meters for the same miscellaneous land owned by the Defendant’s Republic of Korea, and KRW 676-10,969 square meters for the same miscellaneous land owned by the Defendant’s Republic of Korea (hereinafter “instant State-owned land”) in total with KRW 85,58,52 square meters for the same miscellaneous land and KRW 676-10,969 square meters for the same miscellaneous land owned by the Defendant’s Republic of Korea (hereinafter “instant State-owned land”).

On February 25, 2009, the Plaintiff completed each registration of ownership transfer for the maintenance of the city and the State-owned land in this case on the ground of a consultation on the acquisition of public land.

B. On August 25, 2010, the Plaintiff found that the instant city maintenance and state-owned land’s surface were buried with waste, such as household garbage, etc. (hereinafter “instant waste”) at least three meters in depth from the surface of the State-owned land, and around that time, requested the Defendant Changwon-si to cooperate in the treatment of the instant waste.

C. On September 201, the Plaintiff entered into a contract with the Southern Construction Co., Ltd. (hereinafter “Nonindicted Company”) to contract the construction of treating the instant wastes to the Nonparty Company.

By October 2012, the non-party company excavated the instant city maintenance and state-owned land and disposed of wastes by selecting and burning wastes.

The Plaintiff paid 481,752,606 won to the Nonparty Company as the price for the instant waste treatment work.

The Plaintiff filed a lawsuit against the Defendant Changwon-si seeking damages under the warranty liability as the Changwon District Court 2013Gahap31830, and the said court on November 2013.