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1. The Plaintiff, Defendant A, and Defendant B, jointly with Defendant A, KRW 412,371,474, and KRW 82,474,294, and each of the said money.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that implements a new collective housing complex construction and the sale of housing units (hereinafter “instant project”) in the Suwon-si District C, and the Defendants sold land and its ground buildings to the Plaintiff.
B. On April 8, 2015, the Plaintiff entered into a contract with the Defendants to purchase all of the land C, D (hereinafter “instant land”) and its ground buildings, ancillary facilities, and golf range operating rights at KRW 12.5 billion (hereinafter “first sale contract”). On February 1, 2016, the Plaintiff entered into a contract with the Defendant for purchasing at KRW 12.5 billion (hereinafter “first sale contract”) each of the instant land (hereinafter “second sale contract”). On February 1, 2016, the Plaintiff entered into a contract with the Defendant for purchasing at KRW 12 billion (hereinafter “the instant land”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The parties' assertion
A. From each of the instant claims asserted by the Plaintiff, approximately 7,50 tons of wastes, such as waste concrete, steel bars, waste bags, synthetic resin, etc. were discovered, and the Plaintiff entrusted the disposal of the waste to the non-party corporation, the non-party corporation (hereinafter “the non-party corporation’s comprehensive removal scrap metal”) and paid expenses.
The fact that wastes are buried in each of the instant land constitutes a defect in the subject matter of sale, and the Defendants are jointly and severally liable to compensate for damages arising from the warranty liability. The amount of compensation is KRW 687,285,791 and damages for delay incurred by the Plaintiff in disposing of wastes.
B. The Defendants’ assertion ① Wastes asserted that the Plaintiffs were buried on each of the instant land are based on concrete at the bottom of the steel tower.