beta
(영문) 대구지방법원서부지원 2020.09.09 2020가단57681

건물인도

Text

Among the instant lawsuits, the Plaintiff completed delivery of the building indicated in the attached Table for KRW 3,000,000 to Defendant C.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings: Articles 208 (3) 1 and 257 of the Civil Procedure Act;

3. The Plaintiff partially dismissed part of the building of this case filed a claim for damages for delay on the claim for refund of lease deposit, which the Plaintiff would have against the Defendant C, after Defendant C’s simultaneous performance defense was extinguished upon the delivery of the building of this case from Defendant C.

This constitutes a lawsuit for future performance, and it is necessary to claim in advance a lawsuit for future performance. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that Defendant C cannot expect to perform the building of this case at will even after the delivery of the building of this case from Defendant B, and there is no other evidence to acknowledge it otherwise.

Thus, the lawsuit concerning this part of the claim is dismissed as it does not need to be filed in advance, and there is no interest in the lawsuit.