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(영문) 서울중앙지방법원 2020.04.23 2019가단36361
건물인도 등 청구의 소
Text

1. The defendant against the plaintiffs

(a) deliver the buildings listed in the separate sheet;

(b) for each of the 1,500,000 won and this shall apply.

Reasons

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

(Provided, That “Defendant 1” shall be deemed to be the Defendant, “Defendant 2”, “Defendant 2”). 2. Judgment without pleading (Article 208(3)1 and Article 257 of the Civil Procedure Act)

3. Part of partial dismissal is in principle a claim relationship between multiple parties under the Civil Act, and is indivisible claim relationship only when it is indivisible in light of the nature of the claim or by agreement of the parties. Since the plaintiffs' claim for consolation money cannot be viewed as an indivisible claim relationship in light of the nature of the claim, it is recognized only to the extent calculated by the ratio of 1/2 of the consolation money claimed

As the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (hereinafter referred to as the “Promotion Act”) were amended and promulgated on May 21, 2019 and enforced from June 1, 2019, the statutory interest rate under the Promotion Act was changed to 12% per annum from June 1, 2019, the excess portion is dismissed.

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