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TITLE Gwangju High Court 2021Na25808 Decided April 19, 2023: Appeal ¡¼Demand for Payment of Waste Disposal Expenses, etc.¡½ [full Text]
Summary
¡¼Main Issues and Holdings¡½ In the case where: in a business agreement signed between local government A and the Korea Land and Housing Corporation to jointly implement the Happy House construction project, a public rental housing project, the local government A agreed to provide the site for the project, and the Korea Land and Housing Corporation agreed to carry out the construction of the housing, etc., and the local government A agreed to remove obstacles and dispose of wastes from the project site prior to the commencement of the construction, while the Korea Land and Housing Corporation discovered and disposed of wastes buried in the project site during excavation, and then sought payment of landfill waste disposal costs, etc. from the local government A, the court holds that the local government A is obligated to dispose of landfill wastes when considering all the circumstances, such as interpreting that "wastes in the project site" to be disposed of by the local government A under the above agreement includes wastes buried underground, which conforms to the contents of the text.
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