beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On February 22, 2019, the Defendant agreed to pay KRW 19,00,000 as the premium for the shop leased by the Plaintiff between the Plaintiff and the Plaintiff, and paid KRW 9,00,000 in total of the down payment and intermediate payment, and the Defendant applied for a payment order in the purport of claiming payment of KRW 9,00,000 for the down payment and intermediate payment already paid on the premise that the contract for the premium was cancelled on the remainder payment date, and the fact that the payment order became final and conclusive due to the Plaintiff’s failure to raise an objection is nonexistent between the parties
2. Furthermore, according to the overall purport of documentary evidence and oral argument submitted by both parties, although the size of a store is indicated on the premium contract as 46 square meters, the size on the registry is limited to 33.2 square meters, and the remainder of 13 square meters is extended after the Plaintiff’s lease of the store, and the Defendant, which was late known of the aforementioned fact on March 18, 2019, was found to have cancelled the premium contract on the ground that the remainder of the building area alone cannot achieve the contractual purpose of the store where the building illegally extended was removed.
According to the above facts, the cancellation of the premium contract by the defendant is lawful. Thus, the plaintiff is obligated to return the down payment and intermediate payment KRW 9,000,000 already received.
In this regard, the plaintiff argued that the termination of the contract is not effective since the defendant entered into a contract with the knowledge of the circumstances or area extended by the defendant, but there is no evidence to acknowledge it. Therefore, the plaintiff's assertion is rejected.
3. Therefore, the plaintiff's claim of this case seeking to exclude the enforcement force of the payment order ordered to pay the above KRW 9,000,000 to the plaintiff is without merit.