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(영문) 의정부지방법원 2018.09.21 2018가합50642
토지인도
Text

1. The Defendant jointly with C, and the Plaintiff:

(a) the land listed in the annexed sheet 1 and the annexed sheet 2;

Reasons

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

(2) Article 208 (3) 3 of the Civil Procedure Act (by public notice) shall apply to the case of a request for the delivery of real estate;

3. Since the obligation to return unjust enrichment due to partial dismissal is a debt for which the deadline for performance has not been fixed, the obligor shall be liable for delay only when he/she receives a request for performance.

There is no evidence to acknowledge that the Plaintiff filed a claim for the return of unjust enrichment equivalent to the rental fee against the Defendant prior to the delivery of the complaint of this case, and thus, the claim for damages for delay is rejected.

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