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(영문) 인천지방법원 2020.06.10 2020가단216386

건물인도

Text

1. Defendant B indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 1 among the two floors of real estate listed in the separate sheet No. 1, 2, 3, 4, 5, 6, 1.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Applicable provisions of Acts: Judgment without reservation (Article 208 (3) 1 of the Civil Procedure Act);

3. The return of the deposit for partial termination of the lease does not incur any damages for delay for the deposit for the lease until the delivery date of the lease building, and the lawsuit seeking the return of the deposit for lease without delivery of the building for simultaneous performance constitutes a lawsuit for future performance. As such, the application of statutory interest rate under the proviso of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings is excluded pursuant to the proviso of Article 3(1) of the same Act. Therefore, the portion exceeding the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day after the plaintiff's claim for damages for delay is delivered