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(영문) 인천지방법원 2015.03.18 2014가합55631
건물명도
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the attached Table 1 list, one story 476.5 square meters, two stories 476.5 square meters, three stories 49.1 square meters shall be handed over.

Reasons

1. The description of the grounds for the claim is as shown in attached Form 2;

2. Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act of the judgment deemed to be a confession.

3. Part dismissing the Plaintiff’s part of the dismissal is claiming damages for delay from the delivery date of the copy of the complaint of this case regarding KRW 86,341,006, which is equivalent to the rent amounting to KRW 86,341,00. However, since the obligation to return unjust enrichment has no fixed period for the performance period, the obligor is liable for delay only when he/she receives a claim for performance (see, e.g., Supreme Court Decision 2009Da24187, 24194, Nov. 28, 2010). The initial date in this case is deemed to be from the day after receiving the claim for performance (see, e.g., Supreme Court Decision 88Da3253, Nov. 8, 198). Thus, the Defendant is liable for delay from July 24, 2014, the delivery date of the copy of the complaint of this case, unless there is any assertion that the Plaintiff sought the return of the unjust enrichment before July 23, 2014.

I would like to say.

Therefore, the plaintiff's claim for delay exceeding the above recognition scope is dismissed as there is no ground.

Provided, That the proviso of Article 101 of the Civil Procedure Act shall apply to litigation costs.

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