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(영문) 서울중앙지방법원 2019.01.25 2017가합576428

손해배상(기)

Text

1. Defendant B’s KRW 245,00,000 and the Plaintiff’s annual rate of KRW 5% from November 28, 2018 to January 25, 2019.

Reasons

1. Basic facts

A. On September 16, 2009, the Plaintiff purchased Geumcheon-gu, Geumcheon-gu, Seoul (hereinafter “instant land”) from D Co., Ltd. (hereinafter “D”) on September 16, 2009 and completed the registration of ownership transfer on September 25, 2009.

Since December 10, 2009, the Plaintiff installed concrete on the land of this case and stored construction waste on the above ground.

B. The land of this case was completed on October 25, 1984 through the partition of co-owned property on October 22, 1984, and the ownership transfer registration was completed on October 25, 1984, and the ownership transfer registration was completed on December 29, 2005 due to the sale on December 28, 2005, and the plaintiff purchased and completed the ownership transfer registration as above.

C. From October 1, 1994 to March 5, 2006, Defendant B operated a rubber chemical product manufacturing plant (hereinafter “instant factory”) with the trade name “F” by leasing the instant land from Defendant C and D.

1) 한편, 금천구는 2016. 9. 1. 서울특별시보건환경연구원에 이 사건 토지에 대한 토양오염실태조사를 의뢰하였고, 위 연구원은 2016. 10. 12. 이 사건 토지에서 아연이 1244.8mg/kg 검출되었다고 통보하였다. 2) 금천구는 2017. 1. 5. 원고에게 이 사건 토지에서 아연이 기준치 600mg/kg를 초과하여 검출되어 토양오염 우려기준을 초과하였으므로 토양환경보전법 제15조 제1항에 따라 토양오염 정밀조사를 명하였다.

3) The Plaintiff is an incorporated foundation G (hereinafter “G”) around January 2017.

As a result, G collected and analyzed 32 samples from eight points according to the method of the official soil contamination test from January 9, 2017 to February 20, 2017, G was classified into “two areas” according to the Soil Environment Conservation Act, the land category of the instant land is “large” and is classified into “two areas” according to the Soil Environment Conservation Act. Among them, the part corresponding to the area of contamination 894.8 square meters, the amount of soil contamination 2,02.67 cubic meters, and the depth of contamination 0-3 meters.