1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 1, 2012, the Plaintiff purchased KRW 121 square meters and KRW 400 square meters (hereinafter referred to as “instant land”) prior to Pyeongtaek-si D, which was put under the Defendant’s name as the Defendant’s put by the Defendant from the Defendant, for purchase price of KRW 340 million (hereinafter referred to as “instant sales contract”), and completed the registration of ownership transfer on December 12, 2012.

B. On January 2013, the Plaintiff discovered that industrial wastes were buried on the ground of the instant land while performing construction of a ground for new construction on the instant land, and requested F, a dump truck driver, to remove the said wastes.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2 (including branch numbers in the case of additional number), Eul evidence 1, witness F's testimony, the purport of the whole pleadings

2. The plaintiff's assertion

A. The industrial wastes were buried in the instant land, which constitutes a defect in the subject matter of sale, and the Defendant is obligated to pay the Plaintiff the amount equivalent to the expenses incurred by the Plaintiff in carrying out the said wastes, KRW 19,800,000, and delay damages.

B. As the Defendant concluded the instant sales contract with the Plaintiff on the premise that it is a normal land even after reclaiming industrial wastes in the instant land, and caused considerable damages to the Plaintiff, the Defendant is obligated to pay the Plaintiff the amount equivalent to the cost of removal of the said wastes as compensation for nonperformance of obligation.

3. Determination

A. According to Article 582 of the Civil Act regarding the claim for warranty against defects, the right under Article 580 of the Civil Act concerning warranty against defects shall be exercised within six months from the date the buyer becomes aware of the defect in the subject matter.

In the instant case, as seen earlier, the Plaintiff became aware that industrial wastes were buried in the instant land on or around March 1, 2013, but within six months thereafter, the Plaintiff was the Defendant.