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(영문) 부산지방법원동부지원 2015.07.24 2015가단1439

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 21, 2014, the Defendant announced the supply through a general competitive bid with regard to B large 2,272 square meters of land owned by the Defendant, which is the land reserved by the Defendant (hereinafter “instant land”).

B. On June 13, 2014, the Plaintiff submitted a bid after filing a bid application and a bid bond, and received the bid price for the instant land. On June 18, 2014, the Plaintiff and the Defendant concluded a sales contract for the instant land at KRW 13,497,724,80 with respect to the purchase price.

C. In the column for the content of the instant sales contract, the special clause stipulating that “The buyer shall collect all of the geological and underground structures (including underground structures and waste earth and sand), wastes (including scrappings), etc., and enter into the contract and shall not ask our works for warranty against defects on this ground” (hereinafter referred to as “instant special clause for warranty”). D.

At the time of the conclusion of the instant sales contract, the instant land was in the state where a concrete floor and a retaining wall are installed. On September 25, 2014, the Plaintiff was buried in the underground part below the concrete floor and the retaining wall, and the Plaintiff spent KRW 37,800,000 at the cost of removal and removal of the said wastes.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1 (including each number), witness C's testimony and the purport of whole pleadings

2. The plaintiff asserted that at the time of conclusion of the sales contract of this case, the plaintiff did not know at all the circumstances where wastes, such as asphalt, were buried under the ground of the land of this case, and there was no explanation from the defendant, and therefore, the defendant is liable to compensate for damages caused by defects in the land of this case.

3. Determination

A. Whether defects related to the subject matter of sale are ordinary in light of the overall circumstances at the time of sale and purchase, including the details and purpose of the sale.