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1. The Defendant shall pay to the Plaintiff KRW 117,716,752 and the interest rate of KRW 15% per annum from December 20, 2016 to the date of full payment.
Reasons
1. The following facts can be acknowledged in full view of the following facts: there is no dispute between the parties, or the records and images of the evidence Nos. 1 to 10, and the appraisal result of appraiser E; and the purport of the whole statement of fact inquiries about appraiser E by this court.
The Plaintiff and F, from the Defendant on October 8, 2015, purchased each 1/2 equity share in the amount of KRW 380,000,000,000 from the Defendant, ① 566 square meters prior to G, G, 13 square meters prior to H, and 50 square meters prior to I, respectively. On November 27, 2015, the registration of ownership transfer was completed; ② on January 13, 2016, the Plaintiff and F purchased each 1/2 equity share in the amount of KRW 160,000,000,000 prior to JJ (hereinafter collectively referred to as “each of the instant lands”), and completed the registration of ownership transfer on January 13, 2016.
B. On April 2, 2016, the Plaintiff discovered that a large quantity of waste wastes, such as waste concrete and waste asphalt, are buried on each of the instant land, around April 2, 2016, while performing the construction of a new building on each of the instant land.
C. The cost directly required for the disposal of wastes buried on each land of this case requires 235,43,504 won [294,291,879 won =267,538,072 won [253,237,968 won + recovery cost + value 14,300,104 won + value-added tax + 26,753,807 won] 0.8 appraiser decided that the cost for the disposal of wastes and restoration to the original state at the time of open competitive bidding would be determined by 80% or less of total cost. The file removal did not take into account];
2. Determination
A. In a sales contract, a seller is obligated to deliver a normal article without any defect, barring any special circumstances. If a seller sells a large quantity of painted land on the premise that it is a normal land, thereby causing a buyer to incur a loss equivalent to the waste disposal cost of the land, the seller shall be held liable for a defect security under Article 580 of the Civil Act due to the sale and purchase of defective land.
B. (See Supreme Court Decision 2002Da51586 delivered on July 22, 2004).
The above facts of recognition.