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(영문) 광주고등법원 2017.12.15 2016나15630
손해배상(기)
Text

1. Plaintiff 1, among the parts against Defendant B in the judgment of the first instance, falls under the following part ordering additional payments.

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) each real estate 35 square meters listed in the attached list of the Dog-ri located in the Jeonnam-gun, the land category of which is the previous, paddy, or forest and field (17,497 square meters in total and 26,774 square meters in total and 26,774 square meters in forest and field, and hereinafter “instant land”).

Of the instant land, the nominal owner of E is the Plaintiff’s wife F. G, and the nominal owner of G and H land appears to be the Plaintiff’s wife, but the actual owner of each of the said lands appears to be the Plaintiff. hereinafter in the event that it is necessary to specify the land located in the said D, Defendant B is the said D Ri, and Defendant C is the actual operator of the JB Co., Ltd. (hereinafter “J”) conducting waste disposal business.

B. On July 6, 2013, Defendant B, who entered into an agreement with the Plaintiff and Defendant B, signed each of the following contents and delivered them to the Plaintiff (hereinafter “instant agreement”). At the time, Defendant B signed the agreement with the Plaintiff as a observer, who was operating a villa in the vicinity of the instant land.

The land of this case means the land of this case on a total of 35 lots in collecting stone in the Jeon-nam Man-gun L.

In the event of a defect in the drainage soil in the area, it is agreed to repair and repair the soil in a safe manner and at any time at the time when the defect occurred for two years. It means 45 cc but 45 cm of yellow soil in total.

There is no civil or criminal objection to reclaim more than the ground.

1) The present state of the instant land was collected from the instant land after the instant arrangement. 2) At present, the instant land has been laid underground (referring to being laid on the lower part of the relevant land after the collection of the said stone; hereinafter the same shall apply) or dumping (referring to being laid on the ground surface) of the soil, the soil with inorganic sludge ingredients, and the soil, and the inferior soil with stoke site ingredients, as follows.

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