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(영문) 의정부지방법원 2021.02.18 2020가단127203
건물인도
Text

Defendant C shall deliver to Defendant D the real estate listed in the attached list. Defendant D shall list from Defendant C.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Claim against Defendant C: Judgment by publication service (Article 208 (3) 3 of the Civil Procedure Act).

3. Claim against Defendant D

(a) Judgment deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

B. Grounds for partial dismissal of a claim: The Plaintiff claimed against Defendant D for payment of delayed damages calculated at a rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of real estate listed in the separate sheet. However, Defendant D is liable for delay in the duty to return the deposit only when Defendant C’s delivery of the building was performed. Since the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings does not apply to future performance requests for payment, the Plaintiff merely accepted the claim for delayed damages according to the statutory interest rate stipulated in the Civil Act and dismissed

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