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1. The part concerning the claim for the settlement of all costs in the lawsuit of this case shall be dismissed.
2. The defendant shall be the plaintiff.
(a) the annexed list;
Reasons
This part of the lawsuit is examined as to the legitimacy of the claim for the settlement of expenses ex officio.
In civil procedure, the purport of the claim shall be specified clearly so that its contents and scope can be clearly identified. Since the issue of whether an objection is specified is the matter to be examined ex officio, where the purport of the claim is not specified, the court shall order ex officio correction regardless of the defendant's objection, and shall dismiss the lawsuit if it does not comply therewith.
(see, e.g., Supreme Court Decision 2017Da251694, Nov. 23, 2017). In light of the foregoing legal doctrine, the purport of this part of the Plaintiff’s claim cannot be clearly identified, and thus, the purport of the claim is not specified.
However, the Plaintiff did not comply with the order issued on December 12, 2018 by the court to amend the above purport of the claim.
Therefore, this part of the lawsuit is unlawful.
1) On December 4, 2014, the Plaintiff indicated on the attached list (hereinafter “instant building”) to the Defendant on December 4, 2014.
A) A lease contract is concluded between B and B with a deposit of KRW 20 million for a lease; KRW 900,000 for a rent; and the lease period for a lease from December 8, 2014 to December 7, 2016 (hereinafter “instant lease contract”).
(2) On September 10, 2018, the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds of the Defendant’s delayed payment of rent, etc.
3) Therefore, the Defendant’s delivery of the instant building to the Plaintiff, and the return of unjust enrichment equivalent to the unpaid rent or the rent, shall be 12,90,000 won (not later than September 17, 2014, and as to this, 5% per annum under the Civil Act from September 18, 2018 to October 23, 2018, which is the delivery date of a copy of the instant complaint, and 5% from the next day to the day of complete payment.