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(영문) 서울중앙지방법원 2015.08.19 2014가합39850
손해배상
Text

1. Defendant C and D jointly share KRW 280,380,000 to the Plaintiff, as well as the year from August 27, 2014 to August 19, 2015.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “B”) is the owner of the land adjacent to the Seo-gu, Daegu-gu (hereinafter “instant adjacent land”) and the above ground buildings and hazardous materials storage and treatment facilities (3 gasoline underground storage tanks, 2 underground storage tanks, such as gasoline storage tanks, and 1 oil storage tanks, such as two oil storage tanks), which are facilities subject to the control of soil contamination). Defendant C occupied the instant adjacent land and buildings, and hazardous materials storage and treatment facilities from Defendant B by leasing and possessing them from Defendant B, and operated “I gas station” from November 17, 2009 to June 2012. Defendant D was operating the said I gas station. From July 2012 to June 2012, it was a person who occupied the instant adjacent land, buildings thereon, and hazardous materials storage and treatment facilities and operated the said I gas station.

On the other hand, Defendant E, F, and G were co-owners with 1/3 shares in relation to the land of the Daegu-gu J or K (hereinafter the above JJ on October 10, 2014 and 1,826.3 square meters; hereinafter the “instant land”).

B. On July 23, 2013, the Plaintiff purchased each of the instant land from Defendant E, F, and G, and on August 21, 2013, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff with respect to the instant land.

C. On November 27, 2013, the Plaintiff: (a) obtained a building permit to construct a building exhibition center on the instant land; (b) conducted geological surveys on December 13, 2013; (c) confirmed the existence of soil contamination on the instant land; and (d) entrusted the Korea Environment Industry Institute (hereinafter referred to as the “Korea Environment Industry Institute”) to conduct a detailed soil survey on soil contamination from January 24, 2014 to February 3, 2014; and (b) discovered that considerable soil contamination has occurred on the instant land.

The Plaintiff requested the head of Daegu Metropolitan City, a competent administrative agency, to take measures to recover soil contamination and to prevent recurrence, and the instant land and the instant land from February 24, 2014 to March 14, 2014 by requesting the Environmental Health Technology Institute.

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