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(영문) 수원지방법원 2019.04.18 2018가단506830
채무불이행에 의한 손해배상 책임
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was in the land of the D, E, and F owned by the Plaintiff (land category is the answer; hereinafter “instant land”). However, the Plaintiff was required to fill the said land as a rice farmer. As such, Defendant B, a construction business operator, who was performing construction works on H land upon receiving an order from the Plaintiff, was introduced.

Defendant B, at the request of the Plaintiff, laid down the instant land with soil from the construction site at the request of the Plaintiff.

B. On April 26, 2011, Defendant C procured a dump truck and transported the soil that Defendant B moved from Defendant B’s construction site to the instant land from Defendant B’s construction site to the instant land. Defendant B completed the process of raising approximately 1.5m of the instant land with the said soil, and the Plaintiff remitted KRW 10,900,000 to the account of Defendant C’s designated by Defendant B.

C. On the other hand, on September 22, 2016, the Plaintiff sold the instant land to I in the purchase price of KRW 150 million, and I raised an objection to the Plaintiff on the ground that there is a problem in the instant land, such as that the instant land is not cultivated well, and that I raised a civil petition even at the time of harmony.

On March 29, 2017, the soil contamination level survey of the instant land was conducted on or before the date of the investigation, and the numerical value of cadmium, low-carbon, and lead to the risk of land pollution exceeding the level of land pollution, and the results were similar to the precise survey of soil contamination around the beginning of 2018.

E. On January 25, 2018, the Plaintiff rescinded the agreement on the sales contract with I for the instant land, and on May 8, 2018, the Plaintiff issued an order to take purification measures for the instant land to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, witness G's testimony, purport of whole pleadings

2. The assertion and judgment

A. On April 26, 2011, the Plaintiff asserted 1 by the parties entered into a contract with Defendant B to fill the instant land at a level.

Defendant B is permitted to stop rice farmers according to the above contract.

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