부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Defendant is the executor of the project to create the industrial complex B in Daegu-gun District B, and the Plaintiff was the owner of the land D 1,407 square meters in Daegu-gun, Daegu-gun, which is included in the said project district (hereinafter “instant land”).
On December 31, 2010, the Plaintiff entered into a contract for the purchase of the instant land with the Defendant in KRW 211,224,990. On May 25, 2012, the Plaintiff was adjudicated by the Central Land Expropriation Committee to compensate for losses as KRW 101,252,590 on the obstacles to the instant land, buildings, etc.
Around January 2014, the Defendant demanded the Plaintiff to bear the burden of direct disposal or disposal of waste, on the ground that the earth and rocks mixed with waste concrete and waste brick are buried underground while excavating the instant land for the said project. After treating the earth and rocks at its own expense, the Defendant received KRW 25,58,140 for the disposal costs from the Plaintiff.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 4, 7, 8, and 9 (including various numbers), and the argument of the purport of the whole pleadings, and earth and stones discovered in the land of this case by the plaintiff of this case by the plaintiff of this case, and earth and stones discovered in the land of this case by the plaintiff of this case by the plaintiff's husband E, around 1999, after changing the form and quality of the land of this case into the form and quality of the land of this case, which can be recycled as reclaiming for filling or cutting under the presence and supervision of the competent
Therefore, the defendant shall return the cost of disposal received from the plaintiff to the plaintiff as unjust enrichment.
It is merely a construction waste buried on the land of this case, which is not a circular aggregate but a recycled aggregate, and thus, the Plaintiff is obliged to be liable for warranty due to any defect in the property subject to the incomplete performance or sale.
Therefore, the Defendant’s waste disposal costs received from the Plaintiff are not unjust enrichment.
Judgment
First, the Plaintiff’s assertion is a circular aggregate in which soil and rocks buried in the instant land can be recycled.