건물인도
The part of the Plaintiff’s claim for delay damages against Defendant C is dismissed.
2. Defendant B shall be attached to Defendant C.
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. We examine the Plaintiff’s partial rejection ex officio as to whether the part of the Plaintiff’s claim for delay damages against Defendant C is legitimate.
The plaintiff shall claim against the defendant C 1 12% interest per annum from the day following the day on which the real estate in the attached list was delivered to the day of complete payment of the lease deposit of KRW 3,00,000.
This part of the lawsuit is the lawsuit claiming for payment of damages for delay in preparation for the failure to pay the above deposit to the plaintiff even after the right to simultaneous performance becomes extinct upon the delivery of the above real estate.
Future performance may require a prior claim.
(Article 251 of the Civil Procedure Act. However, since there are no circumstances to deem that Defendant C would not pay the deposit for lease even after the delivery of the said real estate, it is not necessary to claim damages for delay in advance against Defendant C.
Therefore, the plaintiff's lawsuit on this part is dismissed as it is inappropriate because it is not recognized as a pre-request.