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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Reasons
1. Basic facts
A. Since 2004, Korea Land Corporation implemented a housing site development project in C district from around 2004.
From May 21, 2002, the Defendants shared 1/2 shares of each of the D 4,410 square meters (hereinafter “former land prior to the change”) prior to Jeju-si. However, the said previous land was included in the housing site development project district for the relevant district.
B. The Korea Land Corporation entered into a sales contract with Defendant A on August 31, 2005 with respect to each of the shares of KRW 310,905,00 with respect to each of the shares of KRW 1/2 of the former land, and entered into a sales contract with Defendant B on September 1, 2005, and accordingly, completed each registration of ownership transfer with respect to the shares of Defendant A on September 1, 2005, and each of the shares of Defendant B on September 8, 2005.
C. Korea Land Corporation and the Korea National Housing Corporation were merged with the Plaintiff on October 1, 2009.
The Plaintiff completed the housing site development project in around March 201, and completed the registration of ownership transfer in the name of F on March 27, 201, after entering into a sales contract with F on March 15, 2011 with respect to the E large-79.3 square meters (hereinafter “instant land”) out of the land before the alteration, which is a part of the land before the alteration.
F Around March 2015, F discovered that wastes, such as steel bars, waste concrete, etc. (hereinafter “the instant wastes”) were buried on the ground of the instant land and notified the Plaintiff of the fact that the instant wastes were buried in order to construct a new building on the instant land.
E. On April 29, 2015, the Plaintiff notified the Defendants of the occurrence of waste in the instant land and the confirmation that the Plaintiff was buried before the purchase of the Plaintiff’s land. On August 25, 2015, the Plaintiff filed the instant lawsuit against the Defendants claiming waste disposal costs and restoration costs based on Article 580(1) of the Civil Act (Liability for Warranty by Seller).
[Ground of recognition] A without dispute, entry of evidence Nos. 1, 2 and 3-4, 4, 5, and 6 of Gap evidence, and the video of No. 3-1, 2, and 3;