손해배상(기)
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. On November 20, 2012, the Plaintiffs sold 1,881 square meters (hereinafter “instant land”) out of the said land to G Co., Ltd. (hereinafter “D”) (hereinafter “D”), as co-owners of the land of 2,040 square meters in Yeongdeungpo-gu, Young-gu Co., Ltd. (hereinafter “instant land”).
B. On July 22, 2013, when the D was conducting the construction of a new building for the business operation of the Waste Recycling Center and the factory operation on the instant land, etc., it found that a mixture of construction waste was buried in the underground of the instant land, etc. and demanded the Plaintiffs to dispose of the wastes buried, but it did not reach an agreement on the disposal of the wastes buried in the instant land due to the difference between the location, quantity, and reasonable disposal costs of the buried wastes.
C. Accordingly, in order to continue the construction of a new building, D voluntarily disposed of 4,068 tons of wastes buried on the instant land (hereinafter “the instant wastes”), and filed a lawsuit against the Plaintiffs at the Suwon District Court on August 20, 2013 claiming damages under the seller’s warranty liability provisions.
On October 23, 2015, the Seoul High Court, which was the appellate court of the lawsuit, declared on October 23, 2015 that "the defendants of the lawsuit in question (the defendants of the lawsuit in question) shall pay damages of KRW 82,343,509 as well as damages for delay." This judgment became final and conclusive around that time.
The Plaintiffs paid KRW 86,163,500, respectively, to the principal and interest in accordance with the above final judgment, and paid the litigation costs, such as the cost of attorney-at-law appointment, during the above litigation process.
E. During the period from 2003 to 2009, the instant wastes are presumed to have been illegally buried while E (the trade name was changed to G on November 1, 2005, F, June 26, 2008, hereinafter “E”) engaged in a construction waste interim disposal business on six lots, including the instant land, including the land, on the land, G, etc. (hereinafter “instant project site”), and such reclamation is merely presumed to have been performed.