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(영문) 의정부지방법원 2020.05.08 2019가합50861 (1)
건물명도(인도)
Text

1. The counterclaim of this case shall be dismissed.

2. The costs of the lawsuit following an additional judgment shall be borne by the Defendant-Counterclaim Plaintiff.

Reasons

1. On April 24, 2020, the court rendered a judgment on the plaintiffs' claims against the defendants on April 24, 2020, but omitted judgment on the plaintiffs' claims for counterclaim. This constitutes omission of judgment and thus, an additional judgment on the part omitted under Article 212(1) of the Civil Procedure Act is rendered.

2. We examine ex officio the lawfulness of the instant counterclaim.

Pursuant to Article 269 (1) of the Civil Procedure Act, a counterclaim may be brought to the court in which the principal lawsuit is pending, not later than the closure of pleadings, only where it does not substantially delay the litigation procedures.

However, it is apparent in the record that Defendant C Co. filed the instant counterclaim on April 21, 2020 after April 3, 2020, when the pleadings of the instant principal lawsuit were concluded. Thus, Defendant C Co., Ltd’s counterclaim is unlawful as it did not satisfy the requirements.

3. According to the conclusion, the counterclaim of this case is unlawful, and thus, it is decided to dismiss it and rendered an additional judgment as per Disposition.

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