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(영문) 전주지방법원 2016.02.11 2013가단43231

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 10, 2010, the Plaintiff entered into a sales contract with the Defendant to purchase the purchase price of KRW 22,679 square meters of the land for the Yansan-gu Seoul Special Metropolitan City (hereinafter “instant land”) and its ground buildings at KRW 10.5 billion, and completed the registration of ownership transfer on the instant land by paying the purchase price in full on or around February 24, 201.

B. From November 201, the Plaintiff began to perform multi-family housing construction work on the instant land. On February 201, 201, construction waste was discovered and disposed of on the ground, and on September 201, a large quantity of waste wastes, such as waste concrete, were discovered and disposed of in the underground around November 201 and around September 2013.

C. On November 201, the Plaintiff paid KRW 69 million to D for the disposal of wastes found on the instant land (hereinafter “the instant wastes”).

[Ground of recognition] Facts without dispute, Gap evidence 13, Eul evidence 5, Gap evidence 1, and the purport of Gap evidence 14-2 as a whole

2. Summary of the parties' arguments;

A. The Defendant, the seller of the Plaintiff, is obligated to deliver to the Plaintiff complete land without any defects. Since the Defendant sold the land generated by wastes to the Plaintiff, the Defendant is liable to compensate for damages arising from the warranty against defects, and the Defendant was able to have known that the instant wastes were buried or buried at least at least, but is liable for nonperformance due

However, the Plaintiff claimed only the cost of treating the instant waste among the wastes generated from the instant land, and the Defendant is obligated to pay the Plaintiff the cost of KRW 69 million incurred in treating the instant waste and the delay damages.

B. The Defendant’s assertion 1 did not claim against the Defendant the warranty against defects arising from the instant waste within six months.