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(영문) 전주지방법원 2015.10.07 2013가합2053
손해배상(기)
Text

1. The Defendant’s KRW 147,944,50 for the Plaintiff and KRW 5% per annum from March 27, 2013 to October 7, 2015.

Reasons

1. Facts of recognition;

A. On January 29, 2008, the Defendant made a registration of preservation of ownership on the 9912m27m2 (hereinafter “instant land”).

B. The Plaintiff is an association established for the construction of local housing on the ground of the instant land. After purchasing the instant land from the Defendant, the Plaintiff paid the price of the instant land to the Defendant on June 30, 201, and completed the registration of ownership transfer on the instant land.

C. On June 15, 2012, the Plaintiff, who was awarded a contract for the construction of a new local house on the instant land from the Plaintiff (hereinafter “Shee Construction”), discovered that waste wastes, such as waste concrete, mixed waste, etc. (hereinafter “the instant waste”), were buried in the underground of the instant land while performing the construction of a temporary excavation of five (the central, 101 through 104) on the instant land.

In order to dispose of the instant wastes, Shee Construction entered into the instant waste treatment contract with 156,685,804 won as expenses for water treatment with Dan Tech Co., Ltd. (hereinafter “Neman”), and concluded a design modification agreement with Don Don Don Don Don Don Dok Construction to pay additional expenses for modification of design due to the instant waste treatment to Don Don Don Don Don Don Don Don Don Don Don Don Don Dok Construction.

[Ground of recognition] Facts without dispute, Gap's statements and images (including the number of pages; hereinafter the same shall apply), witness C's testimony, and the purport of whole pleadings

2. The Defendant’s judgment on the Defendant’s main defense of safety was based on Articles 582 and 580 of the Civil Act against the Defendant, since the Plaintiff filed the instant lawsuit on March 21, 2013 after six months from June 20, 2012, which became aware of the fact that the instant wastes were buried on the instant land.

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