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(영문) 인천지방법원부천지원 2019.07.17 2017가단117154
약정금
Text

1. As to the Plaintiff KRW 61,259,078 and KRW 50,00,00 among them, the Defendant shall pay to the Plaintiff KRW 61,259,078 from January 4, 2018, and KRW 11,259,078.

Reasons

1. Basic facts

A. On April 22, 2015, the Plaintiff concluded a sales contract with the content that the Plaintiff purchases 4,400,000,000 won of the price for the factory site in Yacheon-gu, Yacheon-gu, 1651.9 square meters of the land and its ground buildings.

(hereinafter referred to as the “instant sales contract”). The instant sales contract contains the following terms:

(hereinafter referred to as “instant special agreement”). 【Matters under special agreement】

7. In the event that any specific waste is buried below the ground, the buyer shall bear not more than 10,000,000 won and the remainder shall be borne by the seller;

B. The Plaintiff made a full payment to the Defendant under the instant sales contract, and completed the registration of ownership transfer on June 8, 2015.

On the other hand, on August 25, 2017, part of the land indicated in the foregoing paragraph 1 was divided into D 1525.4 square meters for factory in Yancheon-gu and Yancheon-gu (hereinafter “instant land”) and one square meters for factory in E-U.

C. On July 2017, the Plaintiff removed existing ground buildings to construct a new building on the instant land and discovered landfill water in the underground while doing excavation work.

On September 27, 2017, the head of the Dong sent to the Plaintiff a letter to the effect that the Plaintiff “the time for appropriate treatment of wastes found in the instant land after filing a report with the person discharging industrial wastes in accordance with the relevant laws.” The details of the letter are as follows.

Where previous reclaimed wastes are discovered and disposed of during construction works, they shall not be classified into "construction waste" in relation to the relevant construction works (the application of separate contracts, etc.) as prescribed by the Construction and Disposal Act.

Therefore, regardless of the nature of the wastes discovered, at least five tons shall be classified into industrial wastes, and at least five tons shall be classified into domestic wastes, depending on the nature of the wastes, and shall be classified into industrial wastes, general wastes, and construction wastes, and the report of the discharger shall be filed according to the type of the wastes concerned.

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