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(영문) 대구고등법원 2019.06.19 2018나24685
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Status 1) C Co., Ltd. (hereinafter “C”)

2) The land adjoining to this case is the land adjacent to this case, in Daegu-gu, 2,923.8 square meters (hereinafter referred to as “instant adjacent land”).

(i)A facility for storing and treating hazardous substances, installed on the ground of the land adjacent to the instant building and its ground (total of 6 equipment, including gasoline underground storage tank 3, light oil storage tank 2, and one oil storage tank 1, which are specific facilities subject to the control of soil contamination) (hereinafter collectively referred to as “instant gas station”).

(2) The Defendant leased and operated the instant gas station from November 17, 2009 to June 2012. The Plaintiff is a person who leased and operated the instant gas station from C from July 10, 2012 to July 9, 2015.

3) Co., Ltd. F (hereinafter “F”)

G, H, and I (hereinafter “former owners”) on July 23, 2013

() From this point of view, the land was five parcels of land, such as J 1,317.8 square meters in Seo-gu, Daegu-gu, Daegu-gu, J 1,826.3 square meters adjacent to the instant neighboring land, which was located in five lots of land, such as J 1,317.8 square meters in Lba, Mba 208.8 square meters, Mba 102 square meters in Mba 103.6 square meters in Nba 103.6 square meters in Oba 94.1 square meters in lots. On October 10, 2014, JJ 1,826.3 square meters in lots

(B) On August 21, 2013, after purchasing the instant land, the registration of ownership transfer was completed on August 21, 2013. (B) At the Defendant’s request, K (hereinafter “K”) which is a foundational foundation (hereinafter “K”) collected samples from four (T1, T2, P, and B) out of the adjoining land of this case as indicated in the following outline of extraction of samples from April 10, 2012 to April 13, 2012, and determined the suitability of the instant adjacent land on April 17, 2012. The instant regular inspection did not collect samples at one meter and did not inspect them.

K Samples installation depth 3m 0.5m 3m 3m 0.05m t1 T 2m t. 2m t. 1m m t.2m t. t. m 1m t. m. t. m. 1m m. t. m. - 4.5m m. m. m. - 4.5m in depth 2.3m m. - 4.5m.

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