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Reasons
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(영문) 부산지방법원 2017.10.24 2016가단355137
건물명도
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1. The Defendant is from the Plaintiff’s KRW 10 million to KRW 44.9 million, and from July 1, 2017 to the building indicated in the separate sheet.

Reasons

1. Basic facts

A. 1) On January 31, 2015, the Plaintiff entered the building in the separate sheet (hereinafter “instant building”) to the Defendant on January 31, 2015.

B) KRW 10,000,000 per month, monthly rent of KRW 3,00,000 (after this, from January 1, 2016, KRW 2.4 million per month.

) From February 1, 2015 to January 31, 2017, the term of lease was leased (hereinafter “instant lease agreement”).

(2) After the instant lease agreement, the Defendant operated a childcare center called “C childcare center” in the instant building, and occupied and used the instant building as of the date of closing argument in the instant case.

B. On October 29, 2015, the amount (unit: unit: 600 on April 3, 2015) from the date of payment of rent and the date of payment of deduction (unit: 2 million won on April 3, 2015) by the sequence 1, 200 on April 3, 2015, 200 on April 30, 2015, the Plaintiff, on December 1, 2015, did not include two million won on December 1, 2015, when the Defendant paid rent to the Plaintiff on December 1, 2015 under the instant lease agreement by the owner. However, according to Gap’s entry, the fact that the Defendant paid rent to the Plaintiff on December 1, 2015 is acknowledged as follows.

In calculating the amount of unjust enrichment equivalent to the overdue rent or rent as of June 30, 2017, the calculation shall include the above two million won, and the Plaintiff’s claim on this part shall be dismissed.

3. On May 31, 2015, 300 8, 2016, January 28, 2016, 240 40 on July 1, 2015, 209, July 1, 2015, 2015, the Defendant paid 2,640,000 won in total as indicated in the following table to the Plaintiff after the instant lease agreement, on September 24, 2015, 240 5, 2016:

C. The Plaintiff’s notification of termination of a lease agreement is the sum of the rents that the Defendant is obligated to pay according to the instant lease agreement from February 1, 2015 to November 30, 2016.

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