Of the instant lawsuit, the part on the claim for damages for delay is dismissed.

The defendant is a house indicated in the attached list from the plaintiff.

1. Indication of claims: To be as specified in attached Form 1;

2. Grounds for recognition: Judgment by service by publication (Article 208 (3) 3 of the Civil Procedure Act).

3. We examine whether the part partially dismissed (the part concerning the claim for damages for delay in the lawsuit in this case) ex officio is legitimate in the part concerning the claim for damages for delay in the lawsuit in this case.

The Plaintiff shall seek against the Defendant the payment of delayed damages calculated at the rate of 12% per annum from the day after receipt of the house indicated in the attached Table to the day of complete payment of the lease deposit amounting to 260 million won.

This part of the lawsuit is the lawsuit claiming for payment of delayed damages in advance in preparation for the fact that the defendant did not pay the deposit to the plaintiff even after the right of defense was extinguished by the delivery of the above real estate.

A claim for performance can be filed in advance (Article 251 of the Civil Procedure Act). In this context, where a claim is required to be filed in advance, the term "if a claim is made in advance" refers to the case where a debtor is unable to expect the voluntary performance when the due date comes or the conditions are met because the debtor claims the existence of the obligation from the beginning in advance. It is necessary to file a claim in advance on the sole basis that there is a circumstance that the execution becomes difficult due to the debtor's insolvency when the due date becomes due or when the conditions are met or when the requirements are met.

Nor can it be deemed (see Supreme Court Decision 2000Da25576, Aug. 22, 2000, etc.). The evidence submitted by the Plaintiff alone is insufficient to recognize that it is necessary to file a claim in advance in relation to the claim under this part, and there is no other evidence to acknowledge it.

Therefore, this part of the lawsuit by the plaintiff is dismissed because it is not recognized that it is necessary to claim in advance, and there is no benefit in the lawsuit.