건물철거 및 토지인도
1. The Defendant, among the land size of 1670 square meters per 1670 square meters per Do, Jeonnam-gun, Jeonnam-gun, the Plaintiff each point of Attached Table 1, 2, 3, 4, and 1.
1. Facts of recognition;
A. The Plaintiff is an owner of 1670 square meters or more prior to Jeonnam-gun, Jeonnam-gun D.
B. The Defendant owned 100 square meters of a cement brick, brick, steel panel, and 8, and 100 square meters of a single-story house (33 square meters of a cement brick splate roof; hereinafter referred to as “instant building”) constructed on the ground in the part of “A” among the above land, which connects each point of Annex 1 to Annex 1, Annex 1, Annex 1 to Annex 1, Annex 5, 6, 7, 8, and 5 of Annex 11 to Annex 1, Annex 2, Annex 2, 21, 22, 23, 24, 25, 26, and 20 to Annex 1 (hereinafter referred to as “instant warehouse”), and owned the cement warehouse building constructed on the ground of “B” (hereinafter referred to as “instant warehouse”) in sequence connected each point of Annex 2, Annex 2, Annex 2, 2, 23, 25, 26, and 20.
C. From June 2009, the Defendant, who became the owner of the instant building, leased the instant land from the Plaintiff at annual rent of KRW 350,000 (hereinafter “instant lease agreement”), and paid the Plaintiff rent for up to 2012.
As the Plaintiff did not pay rent to the Plaintiff from 2013, the Plaintiff notified the termination of the lease through the service of the instant complaint on the ground of rent delay at least two times, and the warden reached the Defendant on December 4, 2017.
E. The monthly rent from January 2018 to October 2018 for the instant land is KRW 30,000.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5, 7, Eul evidence No. 1, each entrustment of appraisal, the purport of the whole pleadings
2. Determination
A. According to the above facts, since the lease contract of this case was lawfully terminated by the plaintiff's notice of termination, the defendant is obligated to remove the building of this case and the warehouse of this case to the plaintiff as the lessor and deliver the land of this case.
B. Furthermore, the Defendant: (a) from January 1, 2013 to December 4, 2017, the date of termination of the instant lease agreement; (b) KRW 1,724,109 (=350,000) unpaid to the Plaintiff from January 1, 2013 to December 4, 2017.