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(영문) 대구지방법원포항지원 2020.02.13 2019가단106116

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 68,718,442 and the interest rate of KRW 12% per annum from October 25, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 23, 1998, the Defendant acquired ownership of 924 square meters and buildings (ChoD) on the instant land and buildings on the ground (i.e., the instant land and buildings) located in the north-gu, Chungcheongnam-gu, Chungcheongnam-si, and (ii) the land was successively changed to the land category on October 4, 2004, and on August 19, 2013.

(C) On July 1, 2013, the Defendant completed the registration of destruction of No. D among the above above ground buildings on July 1, 2013. (4) On October 24, 2017, the Defendant sold No. 3 among the instant land and the above ground buildings, and completed the registration of transfer of ownership on the same day.

5) On May 16, 2018, the Plaintiff completed the registration of destruction of subparagraph C among the above above ground buildings. B. The Defendant operated the “E station” on the instant land from April 20, 1993 to June 19, 2013.

2) On October 24, 2017, the Plaintiff acquired ownership of the instant land and did not use the said land entirely until the construction of the F community center was carried out as follows. (C) On June 20, 2018, the Plaintiff entered into a new construction contract with the F community center with G Co., Ltd. (hereinafter “Nonindicted Company”) and the F community center.

2) On July 17, 2018, the non-party company found the external oil outflow and contaminated soil around it while removing the concrete discovered during the construction of the ground-breaking of the instant land. On July 18, 2018, the non-party company reported it to the Welfare Environment Sanitation Department of the North-gu Office at the port port on July 18, 2018. 3) On July 23, 2018, the North-gu Office requested the Korea Health and Research Institute of Environment to inspect the oil pollution level for the samples collected from the instant land.

4) 경상북도보건환경연구원은 2018. 7. 31. 포항시 북구청에 이 사건 토지에서 채취한 시료에서 벤젠톨루엔에틸벤젠크실렌은 검출되지 않았으나, 석유계 총탄화수소(TPH) 1,377mg /kg (기준치 : 800mg /kg 이 검출되었음을 통보하였다....