beta
Text
1. The judgment of the first instance court, including the plaintiffs' claims expanded in the trial, shall be modified as follows:
Reasons
1. Basic facts
A. Plaintiff A purchased a building on December 23, 2010 and completed the registration of ownership transfer on January 20, 201, and Plaintiff B operates an entertainment tavern with the trade name “E” from February 22, 2011 by leasing the said building from Plaintiff A.
The Defendant is the owner of the F station site, F station site, F station site, F station site, and its ground building (mutual “G”; hereinafter “instant gas station”) located on October 20, 1999, adjacent to the instant land.
B. The instant land and the instant gas station are in contact with the following, and a tide room surrounding the oil storage tank consists of a concrete floor and a wall with a thickness of approximately 30 cm.
H I
C. On November 1, 1999, the Defendant leased the gas station of this case to Em-Oil Day Co., Ltd. (hereinafter “E-Om”) and E-Om Work subleted the gas station to J, K, L, etc. in turn, and had them operate.
However, around 2005, around the time when J operated the above gas station, the Defendant started to replace the gas station, and thereafter, from the end of 2007 to the beginning of 2008, K transferred the above gas station operation right to L, the soil contamination occurred around the pipelines laid underground as a result of a soil contamination survey conducted in relation to the above gas station site from the end of 2007 to the beginning of 2008. Accordingly, around October 2008, the Defendant replaced three gasoline-ra and one diesel-ra.
In addition, in June 2010, when it was confirmed that water leakage occurred again from one underground pipe, the Defendant carried out the soil contamination purification work in accordance with the Soil Cultivation Act, which performs purification work by temporarily removing the gas station installed in the instant oil station from the site and removing contaminated soil from the site, around June 2011.
E. Meanwhile, the Plaintiff A’s land in this case.