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(영문) 부산지방법원 2016.04.27 2015가합1881

손해배상(기)

Text

1. The Defendant’s KRW 370,128,00 for the Plaintiff and KRW 20% per annum from March 17, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On December 27, 201, the Plaintiff, a company operating a housing construction business, concluded a contract with the Defendant to purchase eight and eight and eight and another parcel of land (hereinafter “instant land”) in Busan-gu, Busan-gu, Busan-do (hereinafter “instant land”) and the building on its ground (hereinafter “instant sales contract”).

B. The instant sales contract had the following special terms and conditions:

Article 8 (Matters under Special Agreement) (4) A (Defendant, Seller) shall remove and deliver to B (Plaintiff and buyer) all structures, such as buildings, facilities, other structures, wastes, etc. on the subject matter of sale of an urban scenic city.

C. The Plaintiff paid all the purchase price stipulated in the instant sales contract to the Defendant, and completed the registration of ownership transfer on the instant land.

On May 15, 2014, the Plaintiff contracted the “B construction” (hereinafter “instant construction”) to the SK Construction Co., Ltd. (hereinafter “SK Construction”) for the instant land.

E. On June 30, 2014, the instant construction commenced the instant construction. While removing concrete on the floor of the instant construction site, the construction discovered that large quantities of obstacles and waste soil and sand were buried underground (hereinafter “instant waste, etc.”) and demanded the Plaintiff to establish a disposal plan on October 21, 2014.

F. On October 23, 2014, the Plaintiff demanded the Defendant to dispose of the instant wastes, etc., but the Defendant did not comply therewith.

G. On October 23, 2014, the Plaintiff, a waste disposal business entity, concluded an entrustment contract for the collection, transportation, and disposal of construction waste; and on October 29, 2014, a contract for the lease of equipment (use) with C, respectively; on October 29, 2014, the Plaintiff disposed of the instant wastes, etc. from October 29 to December 18, 2014; at its expense, KRW 290,532,00, and KRW 79,596,000,000 to Mari Development, as indicated below.