KCC 495/2017
This case involved the obligation to hand over a new shop. Issues included whether the court had jurisdiction and if the shop was ready.
Background
A claimant filed a case against a defendant before the court. They requested the court to order defendant to follow the agreement the two parties by handing over a new shop.They also requested the court to order the defendant to pay temporary compensation.
The court said that the consideration of the case did not fall under its jurisdiction and referred the case to the rental department. The department refused to consider the case because it had been already settled.
The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and the case altogether.
The claimant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had insufficient evidence of causation. They said that the new shop was ready to be handed over but the court had failed to order the defendant to hand i overt.