손해배상(기)
1. The Defendant’s KRW 47,295,00 and the annual rate of KRW 5% from July 2, 2016 to April 20, 2017, and the next day.
1. Basic facts
A. On May 28, 2014, the Plaintiff entered into a contract with the Defendant to purchase KRW 555 square meters for KRW 1,132,472,00,000, in Suwon-gu, Suwon-si, Seoul Special Metropolitan City (hereinafter “instant sales contract”) prior to the division and land category change owned by the Defendant, and paid the said price in full around that time, and completed the registration of ownership transfer on July 28, 2014.
After the instant sales contract, the said land was changed to B-457 square meters (hereinafter “instant land”) following registration conversion, division, merger, etc.
B. Around August 2015, the Plaintiff found that construction waste, etc. was buried in a huge quantity of underground in order to construct a new building on the instant land, and did not comply with the Plaintiff’s request for the disposal and compensation of the construction waste. On August 22, 2015, the Plaintiff directly entrusted the construction waste disposal business entity with construction waste disposal to 1,686.92 tons, waste concrete 613.02 tons, construction waste mixture 51.35 tons, etc., and disposed of 2,351.29 tons in total, which was the expense therefrom. < Amended by Presidential Decree No. 26517, Sep. 10, 2015; Presidential Decree No. 26520, Sep. 24, 2015; Presidential Decree No. 26520, Oct. 3, 2015; Presidential Decree No. 26505, Oct. 28, 2015>
【Non-contentious facts, Gap’s 1 through 11, 17 evidence (including branch numbers; hereinafter the same shall apply), Eul’s 2 and 3 evidence, and the purport of the whole pleadings
2. The allegations and judgment of the parties
A. The plaintiff asserts that although the defendant is obligated to deliver land in a normal state without defects according to the contract of this case, the defendant is obligated to deliver land in a normal state without defects, the defendant is obligated to pay the amount equivalent to the above waste disposal cost incurred by the plaintiff due to the above incomplete performance or warranty liability.
In this regard, the defendant does not reclaim the waste of the land of this case, but the time of such reclamation.