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(영문) 서울중앙지방법원 2017.01.20 2015가합503730
손해배상
Text

1. Of the instant lawsuit, the part concerning the claim for damages due to defects related to the subdivisions is dismissed.

2. The plaintiff's remainder.

Reasons

1. Facts of recognition;

A. The Defendant’s land purchase and the first purification work 1) from around 1966 to the Busan Southern-dong, Busan-dong, which had been used as oil storage. 2) The Defendant purchased land from the Defendant’s supplementary intervenor on June 5, 1998 (hereinafter “Defendant’s purchase site”) and completed the registration of ownership transfer under the Defendant’s name, and used it as container-free site around that time.

3) Around October 2008, the Defendant discovered oil pollution in the soil near the Defendant’s purchase site and demanded the Defendant’s assistant intervenor to conduct purification work. Around December 2009, the Defendant’s assistant intervenor was the Korea Agricultural Bioscience and Technology Institute (hereinafter “Gyeong University”).

2) On December 2012, 2010, Dong-gu, Inc., Ltd., Ltd. (hereinafter “Dong-gu”) requested detailed investigations into soil contamination level.

(2) Around April 25, 2014, the Plaintiff, a company, engaged in the business of manufacturing electronic automation parts, etc. (i.e., the Plaintiff’s land purchase and construction contract) entered into a contract with the Defendant for construction work cost of KRW 8.838,00,000 (excluding value-added tax). Around December 2013, the purification business entity completed purification work; the Defendant entered into a report on the verification of land purification to the effect that the soil and underground water of the Defendant’s purchase site was completed within the purification standard. Around January 2014, the Plaintiff, a company engaged in the business of manufacturing electronic automation parts, etc. (ii) around April 25, 2014, concluded a contract with the Defendant to purchase the land of KRW 22,149 square meters among the land in Busan-dong, Busan-dong, Busan-dong, which is one of the Defendant’s purchase site, and the purchase price of the polluted and retaining walls, and paid the down payment to the Defendant (hereinafter “the instant sales contract”).

2. On the other hand, on May 21, 2014, the land before the division is made, the Nam-gu Busan Metropolitan Government Yongsan-dong, 206-5.

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