1. The Defendant’s KRW 60,123,747 as well as the Plaintiff’s annual rate of 5% from August 7, 2018 to April 4, 2019, and the following.

1. Facts of recognition;

A. The plaintiff is a company with the objective of education, culture, social business, and cultural service business, and the defendant is a company with the purpose of restraint, manufacture, sales business, etc.

B. On October 10, 2016, the Plaintiff entered into a contract to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant for KRW 2,00,000,000 (hereinafter “instant sales contract”) and paid KRW 200,000 as the down payment to the Defendant. On October 21, 2016, the Plaintiff paid KRW 1,80,000,000 as the remainder and received the instant real estate delivery.

C. On November 10, 2016, the Plaintiff confirmed that the instant real estate was buried in the process of performing the removal work for a building located in the instant real estate, and notified the Defendant of the fact.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, video of Gap evidence 2, purport of whole pleadings

2. Determination

A. Determination as to the nature of liability for damages 1) Determination as to whether there is a defect in the subject matter of sale should be made by taking into account all the circumstances at the time of sale and purchase, including the course and purpose of 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 ordinary construction activities without any waste disposal costs, barring any special circumstance, the land constitutes “when there is a defect in the subject matter of sale” under Article 580 of the Civil Act because it does not meet the quality and condition as a building site (see, e.g., Supreme Court Decision 2002Da51586, Jul. 22, 2004). 2) In light of the above facts, considering the following descriptions and arguments in subparagraph 3, subparagraph 4, and subparagraph 4, it is recognized that considerable quantity of wastes have been buried across the entire real estate of this case. According to the above facts, the real estate in this case is a large quantity of wastes.