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(영문) 수원지방법원 2017.05.26 2016가단508856
손해배상(기)
Text

1. The Defendant’s KRW 10,017,00 for the Plaintiff and KRW 5% per annum from June 8, 2015 to May 26, 2017.

Reasons

1. Facts of recognition;

A. The Defendant: (a) expropriated or acquired land within the housing site development zone in question in the executor of the housing site development project; (b) removed the above ground buildings; and (c) created a housing site

B. On July 5, 2013, the Defendant completed the registration of ownership preservation with respect to the land of Young-gu, Suwon-gu, Suwon-si, 267.3 square meters (hereinafter “instant land”) located within the said housing site development zone, and thereafter, on November 15, 2013, the registration of ownership transfer was completed against D (the ground for sale on January 25, 201), E (the ground for sale on September 30, 201) on January 14, 2015, and each registration of ownership transfer was completed against the Plaintiff on August 25, 2015 (the ground for sale on August 7, 2015).

C. On April 22, 2015, E entered into a contract for the comprehensive construction of Jinjin and the construction of a new house on the instant land (the scheduled date of completion) ( October 30, 2015). On April 29, 2015, E entered into a contract with G operating “F” and a contract for civil engineering works among the aforementioned new house construction works (hereinafter “instant construction works”).

On April 30, 2015, G, while carrying out the instant construction project, discovered waste concrete construction waste, such as 1.2 meters in diameter of 600 meters from the ground of the instant land, such as fume pipe and 1,000 meters in diameter, and suspended the said construction after removing earth and sand around the human body and the surrounding area of the wastes. The construction supervisor H received a civil petition to the Defendant.

E. On April 30, 2015, around 18:00, the Defendant’s I visited the construction site of the instant construction project and confirmed the estimated volume of construction waste buried underground and calculated approximately 370 tons.

F. On May 4, 2015, G removed construction waste, such as man-mades and fume, and sold the said waste to a vehicle subsidized by the Defendant, and the Defendant had the waste disposal company transport and dispose of approximately 70 tons of the said buried construction waste.

(g) On May 5, 2015, construction wastes, such as fume, fume, etc., are additionally discovered on the instant land, and on April 30, 2015; and

5.5. Construction wastes discovered.

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