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(영문) 대구지방법원 2021.02.04 2019가합209950
손해배상
Text

Defendant A, B, and F respectively, KRW 56,937,100 for the Plaintiff, and KRW 24,401,614 for the Defendant C, and KRW 16,267,742 for the Defendant D and E, respectively, and their respective levels.

Reasons

Basic Facts

A. From August 4, 1984, G acquired the ownership of 1,851 square meters of land for H farm in Daegu-gu (hereinafter “instant land”). From the instant land, G used farmland as a site for farm from April 20, 200 and died around June 2005.

The Defendants, as co-inheritors of G on June 29, 2017, completed the registration of transfer of ownership on June 12, 2005 with respect to the shares of Defendant A, B, and F in the instant land, shares of 7/28, shares of 3/28, shares of 3/28, shares of 2/28, shares of 2/28, respectively.

B. The Plaintiff is the executor of the “J public housing zone development project” implemented in the Daegu Northern-gu I East-gu I (hereinafter “instant urban planning project”). The Plaintiff acquired the instant land from the Defendant through consultation with each co-ownership share as follows, and completed the registration of ownership transfer.

The Defendant’s ownership on the date of acquisition of public land by consultation shall be determined on November 28, 2017, 7/1 A 28, 2017; on November 28, 2017, 7/2017, October 28, 2017; and on November 28, 2017, 3/328/30 on March 3, 2018, 2017; and on November 4, 2017, 2017, 5/28 of E-28 on December 5, 2017, 2017;

During the process of the instant urban planning project by designating K Co., Ltd. (hereinafter “K”) as a contractor, the Plaintiff received a civil petition to request the disposal of the instant buried wastes (hereinafter “instant buried wastes”) on November 7, 2018. As a result of the request for the analysis of its components, the instant buried wastes were confirmed as a mixed construction waste rather than a designated waste, and the instant buried wastes were buried in the instant land through the boundary restoration survey.

(d)

On January 4, 2019, the Plaintiff notified the Defendants of the existence of landfill wastes through a public door, and requested the Defendants to treat them. The same year as the same month on January 23, 201.

3. 8. In the event that the Defendants did not dispose of wastes, the Plaintiff treated the wastes and then charged the Defendants with expenses.

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