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(영문) 서울중앙지방법원 2018.10.02 2018가단50599
손해배상 등
Text

1. The counterclaim of this case shall be dismissed.

2. The costs of lawsuit incurred by a counterclaim shall be borne by the counterclaim.

Reasons

1. The process of filing the counterclaim of this case;

A. On March 26, 2018, the counterclaim Defendant filed a lawsuit with the Seoul District Court 2018Da509850 against the counterclaim, claiming the name of the building. On August 28, 2018, the said court rendered a judgment that the counterclaim Defendant received the claim from the counterclaim Defendant.

B. The Counterclaim submitted a counterclaim on the day the judgment was rendered.

2. We examine whether the counterclaim of this case is legitimate ex officio.

A counterclaim may be filed with the court in which the principal lawsuit is pending only in cases where it does not substantially delay litigation procedures. In light of the circumstances, etc. that the counterclaim of this case submitted on the date of the pronouncement of the judgment after the closing of argument, the counterclaim of this case is unlawful as it significantly delays the litigation procedures of the principal

Therefore, the defendant's counterclaim is illegal because it substantially delays the litigation procedures in the principal lawsuit, and it is not possible to correct the defect as it fails to meet the requirements of Article 269 (1) of the Civil Procedure Act. Thus, it is dismissed without holding any pleadings in accordance with Articles 270 and 219 of the

3. The conclusion is that the counterclaim of this case is dismissed, and it is so decided as per Disposition.

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