1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

1. The reasons why this Court shall explain this part of the basic facts are as follows: “C15-2 and C15-3” in Part 4 of the first instance judgment, “C15-4 and C15-5,” “C15-4 and C15-5,” and “C15-5,” in Part 15, “C15-2 and C15-3,” respectively, are the same as the reasons for the corresponding part of the first instance judgment, and therefore, they shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. The issue of whether there is a defect in an object of warranty (Article 580 of the Civil Act) shall be determined based on whether the object of warranty satisfies the normal quality and condition, taking into account all the circumstances at the time of sale and purchase, including the course and purpose of sale and purchase. Meanwhile, in a case where a large quantity of wastes are buried in a site subject to sale and purchase and thus it is impossible to conduct a normal construction act without removing such wastes unless there are special circumstances, such land constitutes “when there is a defect in the object of sale” under Article 580 of the Civil Act due to the lack of quality and condition

(2) According to the above facts, the Plaintiff purchased the instant land for the purpose of newly constructing business and childcare facilities for the instant land, and the Defendant, a seller, was aware of the purpose of purchasing the same mining comprehensive land, and the instant land had been buried with a large amount of waste cost required for the disposal of the instant land. However, the instant land should be removed for the construction of a new building. As such, the instant land did not have any condition that the object would normally have been expected to have been installed in the sales contract, the Plaintiff, as the seller, knew of the purpose of purchasing the same mining comprehensive land. As such, the instant land was buried with a large amount of waste cost required for the disposal of the instant land.

Therefore, the defendant, who is the seller of the land of this case, is the buyer due to the above defects existing in the land of this case pursuant to Article 580 of the Civil Act.