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1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. The reasoning for this part of this Court is that the corresponding part of the reasoning of the judgment of the court of first instance is identical to that of the corresponding part of the reasoning of the judgment of the court of first instance, except for the fact that this part of the basic fact is stated in the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. The wastes buried on the instant land alleged by the Plaintiff are wastes related to the construction waste and the heat complex facilities. While the Defendant Seoul Special Metropolitan City removed and newly constructed the building in the instant land during the period of ownership of the instant land, there was no new building after the ownership of the instant land was transferred. As such, the Defendants could be deemed to have buried the instant wastes in the process of the construction of the instant housing site, and at least even if they knew, or had known, that a considerable amount of wastes were buried in the instant land during the construction of the instant housing site, there was negligence or a responsibility to assist the act of reclamation.
Therefore, Defendant Seoul Special Metropolitan City is the owner of the instant land and the subject of the instant housing site creation project, and Defendant B is the agent of the instant housing site construction project, and is liable for tort against the Plaintiff or P.
B. In a case where the previous owner of land illegally buried wastes in the land but did not dispose of them through the supply of the land for sale, etc., tort may be established as an unlawful act against the current owner of the land previously acquired (see, e.g., Supreme Court en banc Decision 2009Da66549, May 19, 2016). However, the aforementioned evidence and the evidence as mentioned above, and the inquiry results of the court of first instance regarding the R&D in the first instance, and the following circumstances, comprehensively taking into account the results of the fact inquiry and the purport of the entire arguments with respect to the Seoul Special Metropolitan City.