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(영문) 부산고등법원 2017.09.07 2016나1342

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) the reasoning of the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except where the judgment was adopted by the court of first instance as set forth in paragraph

2. The 2nd to 19 vehicles shall have dried up in the following manner:

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”).

On the other hand, the plaintiff and the defendant agreed to remove logistics warehouses among the above-ground buildings and collect the materials.

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

(However, the defendant's obligation to remove the concrete floor of the land of this case was agreed to exempt the defendant from the duty to remove the concrete floor of this case). Article 8 (Special Agreement) (4) A (referring to the defendant; hereinafter the same shall apply) provides that "B (referring to the plaintiff; hereinafter the same shall apply) shall remove and deliver to B the concrete floor of this case all the structures, such as buildings, facilities, other structures, wastes, etc. on the subject matter of sale at the time of order.

(7) A shall remove oil storage facilities buried in the sale subject matter at the time of delivery of the sale subject matter.

When concluding a sales contract, it is difficult to find out whether the soil of the subject matter of sale has been contaminated due to the above oil storage facilities, and if it is necessary to investigate or take administrative measures on whether soil has been contaminated due to the above oil storage facilities at the time of delivery of the subject matter of sale, A is responsible for it and all of its matters (including expenses) shall be treated.

Provided, That where the period required for administrative procedures inevitably arise after removal, the period for administrative procedures shall be postponed for four months, and the site shall be cleanly arranged and delivered to B.

The third 1, 2, and 3 pages are as follows: