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1. The Defendant’s KRW 106,975,00 for the Plaintiff and KRW 5% per annum from January 16, 2016 to January 11, 2017.
Reasons
1. Basic facts
A. On May 21, 2015, the Plaintiff purchased KRW 4,600,00,000 from the Defendant for purchase of KRW 1,804 square meters (hereinafter “instant land”) in Gu Government-si B in which the Defendant had operated the gas station (hereinafter “instant land”).
(hereinafter “instant contract”). (b)
On July 7, 2015, the Plaintiff awarded a contract for the removal of gas station facilities used by the Defendant to construct an urban residential housing on the instant land, and the construction of a new urban residential housing construction project on July 20, 2015 to a comprehensive pending construction company (hereinafter “comprehensive construction”) on the instant land.
C. During the construction of the instant site in August 2015, a comprehensive construction on pending issues found that a construction site was buried in the entire land of the instant case, including concrete stuffs, bricks, and bricks (hereinafter “instant construction waste”), and the construction was suspended due to this.
Around that time, the comprehensive construction of pending issues was requested by the Plaintiff to treat the instant construction waste and paid KRW 106,975,000 as disposal costs.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4 through 8, 22, witness D's testimony and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. 1) The determination of defects in the subject matter of sale ought to be based on whether the subject matter of sale and purchase satisfies the normal quality and condition, taking into account the details and purpose of the sale and purchase. In a case where a large quantity of wastes are buried in a site subject to sale and purchase and thus it is impossible to conduct an ordinary construction act without removing such wastes, barring any special circumstance, the land constitutes “when there is any defect in the subject matter of sale” under Article 580 of the Civil Act (see, e.g., Supreme Court Decision 2002Da51586, Jul. 22, 2004).