오염된 토지, 특히 폐기물이 매립된 토지와 하자담보책임

Abstract

In the contract of sale, warranty liability for defects has the character of incomplete performance in that the original obligation was not fulfilled and according to the general principle of compensation for damages, it is reasonable to regard the contents of damages as defect warranty liability as performance gains. For this reason, recently, the Supreme Court, through the Supreme Court's decision 2017da202050 Decided April 8, 2021(hereinafter referred as ‘the Judgement’), made a ruling in the case of the sale of land where wastes were buried, even if the seller was not at fault, the amount of waste disposal costs that exceeded the purchase price was clearly recognized as damages according to warranty liability for defects. This is meaningful in that it was revealed that the scope of compensation for damages under warranty liability for defects in the sale of specific goods could reach the performance benefit separately from the fault of the seller. However, it would have been a more faithfully reflected judgment if it had been judged together with the calculation of the scope of damages on whether the principle of equivalence still plays its role in calculating damages under warranty liability for defects. In particular, in view of the fact that warranty liability for defects is operated as a seller's no-fault liability in principle, it would be a fair and faithful interpretation to consider that it is possible to adjust the scope of compensation for damages under the principle of good faith in consideration of the buyer's responsibility for the occurrence of defects. Such an interpretation of warranty liability for defects will play a role in drawing attention to the seller's obligation to provide warranty against defects in the object of sale, especially in cases involving environmental issues such as waste landfill.