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(영문) 서울남부지방법원 2019.11.08 2018가합113455
손해배상(환)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) owned a size of 1,322 square meters (hereinafter “the instant land”) in Gangseo-gu Seoul Metropolitan Government from July 23, 1978 to July 30, 2002. The Defendants are the deceased’s inheritors, and the Plaintiff purchased the instant land from the deceased, etc. and acquired the ownership thereof and entrusted the said land to I on May 25, 2018.

B. On June 25, 2002, the Plaintiff and J purchased the instant land from the Deceased, and completed the registration of ownership transfer on July 30, 2002 (the Plaintiff’s share 991.5/1,322, the J’s share 330.5/1,322), and thereafter, the Plaintiff purchased shares owned by the said J from the J on March 6, 2018, and completed the registration of entire transfer of shares under the said J on May 25, 2018.

C. While the Plaintiff was conducting construction of officetels in order to construct officetels on the instant land, he/she collected earth and sand and requested K, a waste analysis agency, to measure and analyze the instant land. On October 22, 2018, the Plaintiff confirmed that hazardous substances, such as copper, lead, oil ingredients, etc., were detected from earth and sand sand on the instant land, and paid KRW 149,930,000 at its cost on May 27, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 16, and 17, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) In the soil company’s claim for damages caused by tort, harmful substances such as copper, lead, oil ingredients were detected, and the land in this case was filled with landfill structures, waste soil and rocks, waste concretes, and other wastes. Before selling the land in this case to the Plaintiff and J, the Defendant collected wastes such as reclaimed land below the land in this case, waste soil and rocks, etc., and sold and distributed the land in this case.

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