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(영문) 서울남부지방법원 2018.03.27 2015가합110936

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Seongdong-gu Seoul Metropolitan Government 179 square meters and H 331 square meters (hereinafter “each of the instant lands”) and owns a 4-story building on each of the instant lands.

The Defendant is the owner of Seongdong-gu Seoul Metropolitan Government 917 square meters of land for I gas stations (hereinafter referred to as “instant gas station site”).

B. 1) The J, the former owner of the instant gas station site, operated the gas station in the instant gas station site with the trade name “K gas station”. On April 2012, the Plaintiff discovered soil contamination and reported it to Seongdong-gu Office while performing the construction of a ground-breaking construction on each of the instant land. As a result of the soil contamination survey conducted by Seongdong-gu Office on each of the instant land, the Plaintiff reported it to Seongdong-gu Office.

(2) The value of each of the instant land was confirmed to exceed the standard value (500g/km) with 601mg/km. Accordingly, the Seongdong-gu Office, on May 14, 2012, ordered the K station to conduct a detailed soil survey by November 14, 2012 and to take measures to purify contaminated soil by May 14, 2014. Nevertheless, the J concluded a real estate security trust agreement with C Co., Ltd (hereinafter “C”) on November 9, 2012 without taking measures to purify contaminated soil, and completed the registration of ownership transfer under C’s name on the same day with respect to the land of the instant gas station.

3) Since then C conducted a public sale of the instant gas station site, and the Defendant awarded a successful bid and completed the registration of ownership transfer in the name of the Defendant on June 12, 2014. Meanwhile, on May 7, 2014, Seongdong-gu Office notified the Defendant in advance that a successful bidder should implement detailed soil contamination and purification measures in accordance with the Soil Environment Conservation Act with respect to the instant gas station site where public sale is in progress. (iv) Seongdong-gu Office notified the Defendant of the implementation of detailed soil contamination and purification measures in accordance with the Soil Environment Conservation Act.