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(영문) 서울중앙지방법원 2015.04.17 2014가단132509
건물명도 및 임대료
Text

1. The counterclaim against the Plaintiff (Counterclaim Defendant) by the Defendant (Counterclaim Plaintiff) shall be dismissed.

2. The plaintiff (Counterclaim defendant) is entitled to . A.

Reasons

1. We examine, ex officio, whether a counterclaim is lawful or not.

A counterclaim may be filed with the court in which the principal lawsuit is pending, only if it does not substantially delay the legal proceedings (main sentence of Article 269(1) of the Civil Procedure Act). Defendant A filed the counterclaim of this case on April 10, 2015 after the closure of pleadings on March 6, 2015. The counterclaim of this case is not raised for several months, even though there is sufficient time to bring a counterclaim during the progress of the lawsuit, and only before the scheduled adjudication date after the closure of pleadings. The counterclaim of this case is seeking the return of leased object caused by the termination of the lease contract and the payment of overdue rent, etc. is not directly related to the cause of the claim of this lawsuit, and it is difficult to consider that the counterclaim of this case is separate from the cause of the counterclaim of this case, and thus, it is difficult to consider that the Plaintiff is liable for damages of this case, including the instant claim of this case, by taking account of the nature of the cause and scope of the counterclaim of the claim of this case, and thus, it is difficult to determine the extent of the cause and scope of the claim of this case.

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