본문 바로가기 주메뉴로 바로가기
All
TITLE Supreme Court Decision 2016Da205540 Decided July 10, 2019 【Removal of Waste Materials, etc.】 [full Text]
Summary
In the case where: (a) Party A, a local government, buried waste in a landfill 30 years previously, in which truckloads of waste were dumped onto the adjacent land that bordered the landfill; (b) afterward, Party B, who acquired ownership of the said adjacent land, performed excavation work and discovered a mixture of various household garbage, including plastic bags, wood, waste clothing, contaminated dirt, and construction waste buried underground at a depth of 1.5m to 4m, and the surrounding soil was contaminated to the point where its color had changed to black; (c) Party B filed a complaint against the local government for removal of waste materials, the case holding that: (a) such contamination that resulted from the local government’s illegal dumping of garbage in the past constitutes damage incurred to Party B, the land owner; (b) it cannot be deemed that the household garbage currently poses a separate violation of Party B’s ownership; (c) however, the lower court determined otherwise and granted Party B’s claim for removal of disturbance; and (d) in so determining, the lower court erred by misapprehending relevant legal principles
Prev Supreme Court Decision 2018Do2614 Decided July 11, 2019【False Accusation】
Next Supreme Court Decision 2019Da213009 Decided July 10, 2019 【Damages (Etc.)】
219 Seocho-daero,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100