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(영문) 서울남부지방법원 2018.05.31 2017가단211614
손해배상(기)
Text

1. As to the Plaintiff, Defendant A’s KRW 25,710,000, Defendant B’s KRW 17,350,000, Defendant C’s KRW 12,850,00, and each of them.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company incorporated with housing construction business, etc. as its business purpose, and completed the registration of ownership transfer on September 28, 2016, after purchasing shares in land and buildings on land from the Defendants, who are the owners of the following land (hereinafter “instant land”) for the implementation of the “E Urban Development Project” (hereinafter “E Urban Development Project”).

A. On September 18, 2015, KRW 220/980,000,000 KRW 120/980,000,000 KRW 222,000,000 KRW 81/9800,000 on June 17, 2016, KRW 3 C C, which is KRW 81/980,3620,000 as above, on October 6, 2015, as mentioned above, 60/980 KRW 195,000,000.

B. On September 9, 2016, the Plaintiff awarded a contract for the removal of the “Yannung-gu Land” (hereinafter “the instant land”) in Yangcheon-gu Seoul Urban Development Zone (hereinafter “Yan-gu”) including the instant land to the Plaintiff on September 9, 2016.

On September 12, 2016, the above parties entered into an additional contract on the waste disposal expenses. According to such agreement, the Plaintiff shall pay the amount of the base payment to the Escarb in accordance with the progress of the waste disposal procedure, and the amount shall be paid as a total of 4.8 billion won in the settlement of the actual expenses.

C. He discovered illegally reclaimed wastes in the underground part of the instant lot of land, while performing construction work according to the contract with the Plaintiff.

He requested the Cheongsong-si, a specialized waste analysis institution, to analyze the ingredients of the Cheongsong-si, the Cheongsong-si (hereinafter referred to as the "Cheongsong-si, the Cheongsong-si, a specialized waste disposal business entity, to transport and dispose of them.

Afterwards, the volume of wastes discharged from the land of this case on the basis of the work daily newspaper was classified by each lot number, and the cost of disposal by lot number is calculated based on the "day price/waste disposal unit" publicly notified by the Ministry of Environment.

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