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Civil Act — Article 389 (Compulsory performance of obligation)

민법 제389조

(1) Where an obligor fails to perform his or her obligation at will, the obligee may apply for compulsory performance thereof to a court; provided, this shall not apply where the nature of an obligation does not so permit.

(2) Where the obligation referred to in the preceding paragraph has a juristic act for its subject, an application may be made to a court for a ruling which shall substitute for a declaration of intention by the obligor; if it has an act which is not entirely personal to the obligor for its subject, application may be made to a court to compel performance by a third person at the expenses of the obligor. <Amended on Dec. 30, 2014>

(3) Where the obligation has nonfeasance for its subject, and the obligor has violated it, an application may be made to a court to have that which has been violated by the obligor removed at the expenses of the obligor, and that reasonable precautionary steps be taken against future repetition.

(4) The preceding Paragraph (3) shall not affect a claim for compensation.

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