손해배상(기)
1. Of the instant lawsuit, the part of the claim for water leakage prevention works against the Defendants altered in the trial room shall be dismissed.
2...
1. The order of the judgment on the part of the claim for water leakage prevention works among the lawsuit in this case shall be clear and the contents of the order itself shall be specified. Thus, the order shall be clearly specified to the extent that it is clearly indicated to the extent that it can be written and rejected within any scope compared with the grounds therefor (see Supreme Court Decision 2005Da60239, Mar. 9, 2006). The purport of the claim in civil litigation shall be clearly specified so that it can be clearly identified in its contents and scope, and whether the claim is specific shall be subject to ex officio investigation. Thus, in cases where the purport of the claim is not specified, the court shall order the correction ex officio, regardless of the defendant's objection, and if it does not comply therewith, the court shall dismiss the lawsuit.
(See Supreme Court Decision 2007Da5069 Decided October 9, 2008, etc.). With respect to the instant case, the health care unit and the part of the claims sought by the Plaintiff, where ordering the Defendants to perform the duty of commission, the content of the duty of commission can be clearly identified, and it is necessary to clearly and specifically specify the content in order to avoid doubt about compulsory execution.
The contents of the attached specifications alone do not clearly indicate the form, contents, and scope of the water leakage prevention construction works. Even if the judgment citing the Plaintiff’s claim for water leakage prevention construction works, it is impossible for the Defendants to arbitrarily perform the obligations ordered by the said judgment or to enforce compulsory execution by the said judgment.
As such, the part of the claim for water leakage prevention project in the lawsuit of this case is unlawful because the purport of the claim is not specified.
2. Determination on the claim for the cost of water leakage construction
A. The instant real estate in fact 1 is a main complex building with the second underground floor and the second underground floor with the second underground floor with the approval of March 31, 1993, and 100 square meters out of the second underground and the third underground floor with the second underground floors with the second underground and the third underground floors.