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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an executing agent who entered into a comprehensive implementation agency agreement with the C&A project implementer, a project developer, to acquire the right of lease of B commercial buildings and sell them in lots.
B. The Plaintiff entered into a lease agreement with the Defendant on January 23, 2008 with respect to the 1st unit of the 7th floor of the B commercial building and the 1st unit of the B commercial building on February 13, 2008.
C. The Defendant paid only part of the down payment and intermediate payment to the Plaintiff, but failed to pay the remainder of the intermediate payment and the remainder.
[Reasons for Recognition] Uncontentious Facts, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion (1) If the sales store is specified under the lease contract, the plaintiff's defendant should pay the sales price additionally according to the increase and decrease in the size of the store.
Around February 2010, the Defendant’s store was specified as 47, 196 on July 7, 2010 by lot, and there was an increase or decrease in the size of a specific store, so the Defendant should pay to the Plaintiff the remainder of KRW 75,048,00, excluding KRW 39,65,000, which was already paid out of KRW 114,703,00, which was determined to the Plaintiff.
(2) The lease contract between the Plaintiff and the Defendant was rescinded on September 7, 2009 by the Plaintiff’s notice of termination.
B. (1) The fact that the Defendant paid only part of the down payment and the intermediate payment as stipulated in the lease sale contract to the Plaintiff, and the remainder of the intermediate payment and the remainder are not paid as seen in the above basic facts.
In full view of the purport of the argument in the statement in Eul evidence No. 1, the plaintiff could not terminate the contract because the plaintiff did not pay the second intermediate payment to the defendant on September 7, 2009 because he did not pay the second intermediate payment not later than the date of the second intermediate payment, but he did not pay the second intermediate payment not later than August 21, 2009, which is the final grace date. The lease sale contract becomes invalid immediately after the confirmation of the unpaid payment is invalidated, and it is terminated and terminated due to the defendant's default.