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(영문) 인천지방법원 2017.06.27 2017가단116

임대차보증금증액등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 13, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 650,000, and the term of lease from February 28, 2014 to February 28, 2016 (hereinafter “instant lease agreement”). Around that time, the Plaintiff handed over the instant real estate to the Defendant.

B. The instant lease contract was implicitly renewed, and the Defendant is residing in the instant real estate at the time of the closing of the argument in this case.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff’s assertion that the instant lease agreement was explicitly renewed due to the Plaintiff’s mistake that did not give notice of termination at a reasonable time. Since the agreed deposit and monthly rent agreed under the instant lease agreement were remarkably low due to the Plaintiff’s invasion on real estate market at that time, it is reasonable to set the lease deposit and monthly rent to KRW 37,500,000 by increasing the lease deposit and monthly rent to KRW 25% in consideration of the increase in real estate price, tax and public charges, increase in prices, etc.

Therefore, the Defendant is obligated to pay KRW 7,500,000 to the Plaintiff, and the Plaintiff has a benefit to seek confirmation that the monthly rent of the instant lease agreement was increased to KRW 812,500.

3. On the other hand, Article 7 of the Housing Lease Protection Act provides, “If the rent or deposit agreed upon by the parties concerned becomes inappropriate due to increase or decrease of taxes, public charges, or other burdens on the leased house, or changes in economic conditions, the parties concerned may request an increase or decrease thereof in the future.” However, the above right to request an increase or decrease of the lease deposit, etc. is a kind of right to form the right exercised upon the unilateral intent of the parties concerned.