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(영문) 수원지방법원 2016.04.14 2016가단4064
건물명도 등
Text

1. The part concerning the claim for auction costs and legal procedure costs among the lawsuit in this case shall be dismissed.

2. The defendant shall be the plaintiff and Ga.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

3. The amount of litigation costs, which is partially dismissed, may be repaid through the procedure for confirmation of the amount of litigation costs after the judgment becomes final and conclusive, and there is no benefit in filing a lawsuit because it is a separate and active loss.

(see, e.g., Supreme Court Decision 2010Da96997, Mar. 24, 2011). Costs necessary for compulsory execution may be preferentially reimbursed by enforcement (see, e.g., Article 53(1) of the Civil Execution Act). Costs that have not been reimbursed in the enforcement procedure may be reimbursed through the procedure for the confirmation of costs of enforcement by an obligee’s request (see, e.g., Supreme Court Decision 2010Da969

Therefore, the part concerning the claim for auction costs and legal procedure costs (the stamp for the decision on performance recommendation, the delivery fee) among the lawsuit of this case is dismissed as it is unlawful because there is no benefit of protection of rights.

4. The Plaintiff partially dismissed claimed damages for delay from the day following the delivery of a copy of the complaint of this case to the day of the pronouncement of the judgment of this case at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc.

However, as long as part of the suit of this case must be dismissed as above, it is recognized that it is reasonable for the defendant to resist the existence or scope of the obligation until the decision of this case is rendered.

Therefore, the interest rate of 6% per annum under the Commercial Act, rather than the aforesaid Act, shall be applied to delay damages for the above period. Therefore, the excess damages for delay shall be dismissed.

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