공공임대주택 공동시행 업무협약에서 제공된 토지의 매립폐기물 처리비용의 부담과 법적 근거 - 대상판결 : 광주고등법원 2023. 4. 19. 선고 2021나25808 판결 -

The presence of landfill waste in large-scale development projects is difficult to predict, and the cost of landfill waste disposal can sometimes even exceed the land purchase price. In particular, in the case of public projects signed by the government or local governments, the question of who should bear the cost of landfill waste disposal becomes an issue. In the Target Judgment, a local government leased a project site to the Korea Land and Housing Corporation free of charge for 50 years, and the LH signed a joint implementation business agreement to build public housing on the project site, but when landfill waste was found on the project site, it was disputed who should bear the disposal costs. The court ruled that “removal of obstructions and waste on the project site” includes landfill waste, which is contrary to the interpretation of the text and therefore unreasonable. However, while agreeing to some extent with the conclusion that local governments should bear the cost of landfill waste disposal, it is necessary to solve the issue of landfill waste disposal cost sharing more simply by applying a warranty for defects to the joint implementation business agreement. In the case of judicial regulations, it is possible to apply inference to public law contract to the extent that it does not contradict their essence, and since the joint implementation agreement in question is commercial in nature, it is possible to apply the liability for defects applied to onerous contracts by inference to the above agreement. However, it is also necessary to quickly resolve disputes without litigation by establishing a fund to solve the problem of burdening landfill waste disposal costs incurred without responsibility between the parties.