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(영문) 서울서부지방법원 2021.03.10 2020가단297037
건물인도
Text

1. The part of the Plaintiff’s lawsuit against Defendant C on the claim for delayed damages is dismissed.

2. Defendant B shall be attached to Defendant C.

Reasons

1. Indication of claims: To be as shown in Appendix 1; and

2. Judgment without holding any pleadings (Articles 208(3)1 and 257 of the Civil Procedure Act);

3. We examine ex officio the part dismissing part of the Plaintiff’s lawsuit against Defendant C as to whether the part claiming delayed damages is lawful.

In preparation for the Plaintiff’s failure to pay KRW 10,00,000 out of the deposit for lease even after the Defendant C’s assignment of the second floor out of the real estate recorded in the attached Table 2, the right to defense at the same time has ceased to exist, this part of the lawsuit constitutes a claim for payment of delayed damages, and thus constitutes a claim for payment in the future.

A claim for future performance may be filed in advance (Article 251 of the Civil Procedure Act). In doing so, there is no circumstance to deem that Defendant C would not pay the lease deposit even after the delivery of the building. Therefore, there is a need to claim in advance the payment of the delayed damages.

subsection (b) of this section.

This part of the lawsuit is unlawful and dismissed.

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