건물명도
1. The part of the instant lawsuit demanding the removal of the office and facilities shall be dismissed.
2. The defendant shall set forth in the annexed Table 1 annexed to the plaintiff.
1. We examine the legitimacy of the lawsuit in the part demanding the removal of the house and facilities in the lawsuit in this case, ex officio (grounded on the ground of rejection). The "delivery of a building" in the Civil Execution Act does not mean only the transfer of the possession of the building as it is, but also includes the removal of goods, etc. owned by the debtor in the building and the transfer of such possession. Thus, there is no benefit of lawsuit seeking the removal of goods owned by the defendant in the building in this case while seeking the transfer of the building.
(i) Goods owned by the Defendant inside the building must be disposed of in accordance with the provisions of the Civil Execution Act in the course of the compulsory execution of delivery of the building, and they should not be sought as a separate lawsuit). Therefore, the part seeking the removal of the house and facilities in the lawsuit in this case is inappropriate as there is no benefit of lawsuit.
2. Part demanding delivery of the building
A. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.
(b) Disorder: Judgment without holding any pleadings (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);