손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. The Plaintiff is the owner of Gyeonggi-si B and its ground C gas station (hereinafter “instant gas station”). From December 2009 to April 2012, the Plaintiff leased the instant gas station to another person and had the lessee operate it. Since May 2012, the Plaintiff directly operated it.
On January 12, 2010 as a result of an inspection conducted by an inspection institution of the date of inspection, the Korea Environment Waterworks Research Institute: Gasoline and light oil suitable for an inspection: < Amended by Act No. 10372, Oct. 18, 2010; Act No. 10383, Jun. 3, 2011>
B. The instant gas station is “specific facilities subject to the control of soil contamination” as stipulated under the Soil Environment Conservation Act, and is subject to the soil-related specialized agency’s soil contamination inspection on the site and surrounding areas of the relevant facilities (Article 13). The result of the soil contamination inspection conducted with respect to the said gas station site and surrounding areas from 2010 to 2011 is as follows:
C. On the other hand, the Plaintiff, while directly managing the instant gas station on May 2012, requested the Korea Construction and Living Environment Examination Institute to conduct a soil contamination inspection of the instant gas station. On May 22, 2012, the said Institute judged “conformity” as to the soil contamination inspection conducted on May 22, 2012, but thereafter, on January 29, 2013, the soil contamination inspection conducted on January 29, 2013, the Plaintiff determined “the level of pollution caused by light oil or light oil, etc.” on the ground that the petroleum gas exhaustleumumumumumum Hydrobon (which is the basis for measuring the level of pollution mainly among the samples contaminated by the medicinal oil, from among the samples contaminated by the base values, 8,925 g/kms exceeding 2,00g/km.
Accordingly, on February 22, 2013, the Yangyeong-gun ordered the Plaintiff to conduct the examination of leakage and the detailed soil survey on the ground that the instant gas station exceeded the soil contamination level provided for in Article 4-2 of the Soil Environment Standards Act.
E. The plaintiff is above.