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(영문) 대구지방법원 2018.10.18 2016가합480
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In the auction procedure on December 22, 1995, the Defendants jointly purchased each of the lands listed in attached Tables 1, 2, and 3 (hereinafter “instant land”), “instant two land”, “instant three land”, and “each of the instant land” by aggregating the instant land 1, 2, and 3, and co-ownership shares are Defendant C10/14 and Defendant D4/14.

On March 18, 1996, the registration of ownership transfer was completed in the name of the Defendants with respect to each of the instant land.

B. On October 23, 2015, for the purpose of constructing a factory, etc. of Plaintiff A (hereinafter “A”), the Plaintiffs purchased each of the instant land from the Defendants as indicated below (hereinafter “instant sales contract”). As to Defendant D’s co-ownership of each of the instant land, Defendant C entered into the instant sales contract on behalf of Defendant D, on behalf of Defendant D), and completed the registration of ownership transfer as to each of the instant land on November 13, 2015.

Plaintiff A’s purchase price of the subject matter of sale, KRW 173,00,000,00,000, the purchase price of the subject matter of sale, Plaintiff A’s land of this case KRW 173,00,000.

C. On December 1, 2015, E, a former purchaser of each of the instant lands, filed a civil petition with the elderly group that waste (waste oil, waste concrete, etc.) is buried in each of the instant lands. On December 1, 2015, the elderly group confirmed that some of the instant lands were contaminated by oil, and that some of the instant lands were buried as waste of waste, such as waste self-help, outer wall disposal, waste synthetic resin, etc., on certain lands.

Accordingly, on December 24, 2015, an elderly group issued a disposition to order the Plaintiffs and the Defendants to properly dispose of the entire quantity of the wastes confirmed in each of the instant land and to conduct an assessment of soil environment. On April 19, 2016, the entire quantity of the wastes confirmed in each of the instant land should be properly treated, and the land precise survey on the instant 2 and 3 land should be conducted.

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