The costs of lawsuit shall be borne by the plaintiffs.

A. D Construction of gas station facilities and second floor buildings on the ground of the instant land (hereinafter “the instant gas station”) around January 1993 as the owner of the land of the Seo-gu, Busan, F, G, and H (hereinafter “the instant land”). Since around that time, D operated the gas station of this case.

B. On November 7, 2005, the Defendant operated the instant land and the instant gas station by acquiring it before transfer, and sold it to the Plaintiffs on January 18, 2010.

The Plaintiffs had operated the instant gas station from around that time, and sold the instant land and the instant gas station to Nonparty I on July 3, 2019.

C. On the other hand, around September 2019, I found that underground soil is contaminated with oil while removing underground tank facilities installed inside the underground concrete to build a new building on the instant land, and the Plaintiffs performed the work to remove contaminated soil at their own expense.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiffs' assertion was known that oil is leaked due to oil leakage caused by underground tanks, but the defendant deceivings the plaintiffs and sold the land of this case and the gas station of this case. Thus, the defendant is liable for damages to the plaintiffs.

Meanwhile, since the contaminated part of this case constitutes soil under the Soil Environment Conservation Act, the Defendant, as a person responsible for purification of the contaminated soil, is obligated to take measures to compensate for damages and purify contaminated soil against the Plaintiffs who suffered from soil contamination.

Ultimately, the defendant is liable to compensate the plaintiffs for damages equivalent to 48,565,00 won and damages for delay incurred in removing contaminated soil.

B. Determination by the Plaintiffs is based on deception, such as the Plaintiffs’ assertion.