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(영문) 부산지방법원서부지원 2017.11.17 2017가단103601
건물명도(인도)
Text

1. Defendant (Counterclaim Plaintiff) B is from 10,000,000 to 880,000 won and from 1, 2017 to 1, 2017.

Reasons

1. Determination on the main claim

A. 1) On April 30, 2012, the Plaintiff: (a) connected Defendant B with each point of the items indicated in the attached Form No. 1, 2, 3, 4, 5, and 1 among the real estate listed in the attached Table on April 30, 2012; and (b) partly 67.93 square meters (hereinafter “the instant building part”).

) A deposit of KRW 10 million, monthly rent of KRW 720,000 (payment on April 30, 201), and period of lease from April 30, 2012, the Plaintiff and the Defendant renewed the lease agreement and raised the monthly rent of KRW 880,00,000 from May 31, 2015. (2) Defendant B and the Defendant C, who are their children, are operating the American funeral service after reporting the beauty business of “D” in the name of Defendant B with the location of the instant building.

3) The Plaintiff notified around December 26, 2016 that the lease period renewed to Defendant B as of April 30, 2017, which was four months before the end of the five-year period, for which the lessee’s right to request renewal of the contract is recognized under the Commercial Building Lease Protection Act, will expire. (4) Defendant B paid the monthly rent of KRW 880,000,000,000 to August 31, 2017, or the amount of unjust enrichment equivalent to the monthly rent or rent.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1, Gap evidence 2-1 to 4, Gap evidence 3, and 4, the purport of the whole pleadings

B. According to the above facts, since the lease contract of this case was terminated on April 30, 2017, Defendant B, the lessee, is obligated to pay the Plaintiff the remainder of money calculated by deducting the amount calculated by the rate of KRW 880,000 from KRW 10,000 to KRW 880,000 and KRW 880,00 from October 1, 2017 to the completion date of the name of the part of the building of this case. Defendant C, along with Defendant B, has the obligation to leave the part of the building of this case to the Plaintiff.

2. Judgment on the counterclaim

A. Defendant B’s assertion on April 5, 2017, received premium of KRW 50 million between E and E and the entire facilities of the instant building.

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