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1. The Defendant’s KRW 237,427,596 among the Plaintiff and KRW 228,843,480 among the Plaintiff and KRW 8,584,116 from April 4, 2015.
Reasons
Facts of recognition
The Plaintiff purchased at KRW 3,138,000,000 from the Defendant on December 26, 2007, the Yongsan-gu Seoul Metropolitan Government Seoul Metropolitan Government large 426 square meters (hereinafter “instant land”) and its ground detached houses, and sold at KRW 3,600,000 to D Co., Ltd (hereinafter “D”) on February 20, 2013.
D Around October 22, 2013, around October 22, 2013, in order to construct a new building after removing existing buildings on the ground of the instant land, D entered into a contract for new construction with Daw Construction Co., Ltd. (hereinafter “Daw Construction”), and around February 12, 2014, Daw Construction, which was engaged in the land excavation work in accordance with the said contract, excavated soil works mixed with oil ingredients in the instant land.
Accordingly, on February 24, 2014, D notified the Plaintiff of the content certification, and on March 3, 2014, the Plaintiff notified the Defendant of the content certification that the Plaintiff would exercise the right of reimbursement when the Plaintiff would be legally responsible for D.
The head of Yongsan-gu ordered D to conduct a detailed soil survey on the instant land on February 20, 2014, and D submitted a report on the result of the detailed soil survey conducted by the Korea Environment Industry Institute, a foundation, to the head of Yongsan-gu. On February 27, 2014, the head of Yongsan-gu ordered D to take purification measures on the instant land because the instant land exceeded the soil contamination level provided for in Article 4-2 of the Soil Environment Conservation Act as a result of examining the report on the detailed soil survey conducted on February 27, 201
D On February 27, 2014, D entered into a service contract with ASEAN Co., Ltd. (hereinafter “ASEAN”) setting the cost of purification services for the instant land as KRW 70,000,000. On April 4, 2014, a contract was concluded to change the cost of services under the said service contract to KRW 200,612,50 on the grounds of an increase in the area of contamination and the depth of contamination. Pursuant to the said modified contract, the said contract entered into a contract with ASEAN to change the cost of services to KRW 14,014,00 on March 14, 2014, and KRW 83,521,90,00 on March 18, 2014; and KRW 3,03,076,600 on April 10, 2014.