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(영문) 부산지방법원동부지원 2020.02.04 2019가단4818

관리비

Text

1. The defendant shall pay the plaintiff KRW 60,000,000.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Some of the dismissals filed a claim for damages for delay of KRW 60,000,00. However, the defendant's obligation to return the deposit money and the plaintiff's obligation to cancel the registration of creation of chonsegwon are concurrently performed. If both obligations are jointly performed in bilateral contract, even if one party's obligation comes to the due date, the other party's obligation is not liable for delay of performance even if the other party's obligation is not performed until the other party's obligation is performed. Such effect does not necessarily result in the claimant's right of defense for simultaneous performance (see Supreme Court Decision 97Da54604, 54611 delivered on March 13, 1998). The plaintiff cancelled the registration of creation of chonsegwon.

Since there is no assertion that the obligation has been provided or that the obligation has been fulfilled, the part of the claim for delay is dismissed.