토지 원상회복청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance as to this case is that the court of first instance, which cited the "No. 1" in the 7th sentence of the judgment of the court of first instance, shall be dismissed as "No. 3," and the defendant's conjunctive assertion added in the appellate court as follows, shall be the same as the reasoning of the judgment of the court of first instance, and thus, it shall be cited in accordance with the main sentence of Article 420
2. Judgment on the defendant's assertion
A. Even if the Defendant’s assertion that the instant logistics consignment agreement is valid, the Plaintiff breached the duty of management and supervision as trustee, thereby resulting in the Defendant’s failure to prevent the Plaintiff from bringing-in and piling-in wastes which are not recyclable to the instant land and causing the Defendant to bear enormous cost of removal of wastes. Therefore, the Plaintiff shall bear part of the cost of restoration of the instant wastes in accordance with the basic principle of compensation for damages and the good faith principle.
B. 1) However, the Defendant’s assertion that the costs of recovery of wastes should be borne by the Plaintiff and the Defendant, as above, cannot be viewed as a ground for refusing the Plaintiff’s request for collection of wastes located on the instant site, in this case, seeking to recover wastes accumulated on the instant site as a contractual performance of the duty to restore the original status upon the expiration of the period of the instant logistics consignment agreement (if the Plaintiff claims expenses incurred after collection upon the Plaintiff’s request, such scope may be contested, which is separate from the instant claim for collection.
(2) Furthermore, the Defendant’s assertion that, even if the Plaintiff may refuse the instant claim for collection until the obligation is performed, if it is obligated to share part of the recovery cost to the Defendant by means of paying it to the Defendant, as alleged by the Defendant, etc.