손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. On June 16, 2015, the Defendant purchased the land in the name of Suwon District Court No. 30644, Jun. 17, 2015, with respect to the said land, and decided to sell it in installments, and completed the registration of ownership transfer in the name of Suwon District Court No. 30644, Jun. 17, 2015.
B. Since then, the area of 1,341 square meters prior to Dongcheon-si was divided into 561 square meters prior to D, E, 495 square meters prior to F, 413 square meters prior to F, G 396 square meters prior to H, 105 square meters prior to H, 308 square meters prior to I, and 472 square meters prior to J (hereinafter “instant land”), and the Defendant performed road construction and new housing construction works on the divided land as above.
C. On July 2017, the Plaintiff decided to purchase the instant land from C, and paid a down payment to C around that time, and at that time, the Defendant was also the actual owner of the instant land.
Around August 2017, the Defendant moved the instant construction wastes, such as bricks and bricks, generated in the process of the instant construction (hereinafter “the instant wastes”), to the instant land. Since then, earth and sand extracted in the process of performing sewage pipes construction work on the instant land in the 308 square meters adjacent to the instant land, the Defendant buried part of the instant wastes into the instant land according to the movement of the work vehicle, etc., and became difficult to identify whether the instant construction wastes are earth and sand accumulated on the instant land in the course of performing sewage pipes construction work on the 308 square meters adjacent to the instant land.
E. On October 10, 2017, the Plaintiff prepared a sales contract with C (at that time, the Defendant was present with the Defendant) and completed the registration of transfer of ownership in the name of Suwon District Court No. 42954 on the same day.
F. On March 2018, K, the husband of the Plaintiff, reported that part of the instant land was higher than the ground and that part of the instant land was higher than the ground, and that construction waste is included in the instant land.