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(영문) 서울남부지방법원 2021.01.13 2020가단274165

건물인도

Text

1. Defendant B delivers to Defendant C the real estate listed in the separate sheet to Defendant C. 2. Defendant C 1.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

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

3. Some dismissed parts of the Plaintiff claimed against Defendant C for payment of delayed damages at a rate of 12% per annum from the day following the delivery of the instant real estate to the day of full payment. However, inasmuch as Defendant B’s obligation to deliver the instant real estate and the duty to return the lease deposit to Defendant C, a lessor, are concurrently performed, barring special circumstances, such as delayed performance of the obligation to return the lease deposit in the simultaneous performance relationship, even if Defendant C received the instant real estate from Defendant B, it cannot be deemed that Defendant C is liable to pay delayed damages, barring any special circumstances such as delayed performance of the obligation to return the lease deposit in the simultaneous performance relationship.

Therefore, the plaintiff's above assertion is without merit.