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Reasons
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(영문) 창원지방법원마산지원 2020.09.24 2020가단101716
건물명도
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From October 4, 2019, the above real estate.

Reasons

1. Facts of recognition;

A. On May 15, 2018, the Plaintiff: (a) leased a lease deposit of KRW 2 million; (b) KRW 300,000,000 per month for rent; and (c) from June 3, 2018 to June 2, 2020 for the period of June 3, 2018, the Plaintiff leased the instant house of KRW 39.67 square meters (hereinafter “instant house”).

(hereinafter “instant lease agreement”). B.

In addition to the instant house, the Defendant currently occupies 23.14 square meters in a splate roof, which is located on the above ground (hereinafter “instant warehouse”).

C. The monthly rent that the Defendant paid to the Plaintiff is as follows.

In cases of appropriation for the amount temporarily paid, on June 2, 2018, from June 2, 2018 to June 2, 2018, for the amount of 00,000 won, on July 2, 2018, "In cases of August 1, 2018, "in cases of August 2018, 2018" on September 2, 2018, "in cases of October 2018, 2018" on October 1, 2018, "in cases of appropriation for the amount of 0,000 won on September 1, 2018, 200 on June 1, 2018; and "in cases of appropriation for the amount of 0,000 won on September 20, 2018," "in cases of appropriation for the amount of 0,000 won on September 29, 2019"

2. According to the above facts of determination, the Defendant paid a vehicle according to the instant lease agreement only until September 2019, and the remainder of the vehicle is unpaid. It is deemed that the Defendant arbitrarily occupies the warehouse of this case, not the object of the instant lease agreement.

Meanwhile, it is evident that the duplicate of the complaint of this case containing the intent of the plaintiff to terminate the lease contract of this case on March 30, 2020 on the ground of the delinquency in rent of the second period was served on the defendant on March 30, 2020, and thus the lease contract of this case was lawfully terminated.

Therefore, the defendant delivers the instant house and warehouse to the plaintiff, and as requested by the plaintiff, the rent for October 2019 was overdue since October 4, 2019.

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