logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.01.20 2019가합549130
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaging in real estate development business, real estate leasing business, etc., and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaging in real estate development business, real estate sales agency business, etc.

B. Attached Form B from Defendant B on August 18, 2016

1. The sales contract was concluded to purchase the land indicated in the list for ten billion won (hereinafter “instant sales contract”), and the Defendant B paid the remainder of KRW 500 million on August 18, 2016, the intermediate payment of KRW 4.6 billion on August 31, 2016, and the remainder of KRW 4.4 billion on December 31, 2016, and was handed over around that time.

(c)

The plaintiff

1. Of the land listed in the list, Gwangju City C, D, E, F, and G land (hereinafter “instant land No. 1”) sold to H, and the Plaintiff decided to construct a commercial building directly on the remainder of the land (hereinafter “instant land No. 2”).

(d)

1) On March 2018, the Plaintiff entered into a contract for the construction of new buildings in Gwangju-si J (hereinafter “I”) with the Plaintiff around March 2018.

I started the basic construction work around April 2018 in accordance with the said construction contract, and discovered a large quantity of wastes buried in the underground of the instant land No. 2 while performing the construction work for destroying the ground.

2) Also, H entered into a contract for new construction of K-type building in Gwangju City with I, and I discovered that a large quantity of wastes were buried in the first ground of the instant land while commencing the basic construction work on April 2018, and performing the construction of the base destruction work.

E. On May 2018, I entered into a waste treatment transport contract with L, stock company, M, etc., and treated all the wastes buried on each of the instant land.

The volume of wastes buried on the ground of the land No. 2 of this case was 783 square meters, and the volume of wastes buried on the ground of the land No. 1 of this case was 606 square meters.

F. The Plaintiff paid 459,110,000 won in total to I for the waste disposal service costs of the instant land No. 2, and on November 9, 2018.

arrow