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(영문) 대법원 2019.04.11 2017다217205
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. The lower court rejected all of the Plaintiff’s claim for damages on the following grounds.

Unless there exist special circumstances, the Defendant is obligated to compensate the Plaintiff for the damages according to the warranty against defects since the instant land was filled out as a construction site due to the reclamation of wastes.

However, in light of various circumstances, such as the content of the instant sales contract, the Plaintiff’s payment of waste disposal costs, and the fact that the Plaintiff did not claim for the expenses before filing the instant lawsuit, the Defendant’s warranty liability was exempted.

In addition, the Plaintiff asserted that the Plaintiff was liable for nonperformance on the premise that the Defendant was aware of the fact that he was buried or buried at least in the instant land. However, there is no evidence to prove that the Defendant could have known of the fact that he was buried or buried in the instant land. Therefore, this part of

2. Examining the reasoning of the lower judgment in light of the records, the lower court did not err in its judgment, but did not err by misapprehending the contract, failing to exhaust all necessary deliberations, omitting judgment, etc., as alleged in the grounds of appeal.

3. The Plaintiff’s appeal is without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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