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(영문) 부산고등법원 2020.09.23 2019나57483
손해배상(기)
Text

All appeals filed by the Plaintiff and the Defendants are dismissed.

The costs of the Plaintiff’s appeal shall be the Plaintiff’s appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for a dismissal or addition as follows, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the judgment of the court of first instance, which was accepted, is "the Do and argument that the exclusion period of the warranty against defects (e) No. 16, No. 19 of the judgment of the court of first instance," and the part concerning "the above argument by the defendant F is without merit," and the part concerning "the limitation of the warranty against defects (defendant F) of the 17th and the 17th and the 12th 19th 15th 19th 15th 19th 16th 19th 19th 16th 19th 19th 16th 19th 16th 19th 19th 16th 19th 16th 19th 16th 19th 16th 19th 16th 19th 16th 19th 18th 7th 18th 7th 7th 7th 2002

The 22th to 6th part of the judgment of the first instance is as follows.

Considering that “A fundamental solution to dispose of the entire wastes buried on the instant land” is that the cost is excessive, that is, the Plaintiff does not appear to be able to use the instant land for its original purpose, and that there is no obligation under the relevant laws and regulations to dispose of the said wastes as seen earlier, the method of repairing the said defect is deemed inappropriate (as the Plaintiff may additionally construct the instant land in the future, the amount equivalent to the cost of disposing of the wastes buried on the entire instant land is the amount of damages, but the possibility alone does not change.

(i) "";

3. Additional determination as to the Defendants’ assertion

A. The Plaintiff alleged that M was buried in the instant land.

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