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(영문) 의정부지방법원고양지원 2020.07.03 2020가단76926
건물인도
Text

1. Defendant B shall deliver to Defendant C the real estate listed in the separate sheet.

2. The defendant C is the real estate set forth in paragraph 1.

Reasons

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

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

3. Where both parties’ obligations are jointly performed in a part bilateral contract to which partial dismissal is made, even if one of the parties’ obligations becomes due and the other party’s obligation is not performed until the other party’s obligation is performed. Thus, if it is not deemed that the performance has been offered or performed for delivery of a building, the lessor cannot be held liable for the delay of performance with respect to the lease deposit repayment obligation in the simultaneous performance relationship with the obligation to deliver the building. Thus, the interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall not apply to the recognition of delay damages after the date of delivery of the building.

(See Supreme Court Decision 2002Da43370 delivered on October 25, 2002). Accordingly, the Plaintiff’s claim for the payment of damages for delay calculated at the rate of 12% per annum among the Plaintiff’s claim in this case is rejected.

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