임대조건신고반려처분 등 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the following: (a) the statement of the reasoning of the judgment of the court of first instance is written or the judgment on the allegations made by the plaintiff in this court is added; and (b) the same shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. The portion to be used for the first instance judgment shall be as follows: (c) the portion to five to three parallels (i)
① The Plaintiff asserts that, while changing the terms and conditions of the instant apartment, the rate of increase in the pre-sale price of three apartment buildings nearby the instant apartment (C4.7%, D7.1%, E4.7%) was set at the upper limit of 5.4% as determined by the Act (hereinafter “the rate of increase in this case”).
Article 20 (2) of the former Rental Housing Act provides that "where a rental business operator of a rental house requests an increase of a rental deposit or rent (including a renewal and new contract), the house price index, the rate of change of the lease price in the neighboring area, etc. shall be taken into consideration within the scope prescribed by Article 7 of the Housing Lease Protection Act." Article 7 of the Housing Lease Protection Act provides that "If the stipulated rent or deposit becomes inappropriate due to the increase or decrease of taxes, public charges and other burdens on the leased house, or a change in economic circumstances, the party concerned may request an increase or decrease thereof in the future: Provided, That in cases of an increase, it shall not exceed the rate in accordance with the criteria prescribed by Presidential Decree." Article 5 of the Housing Lease Protection Act that the Plaintiff entered
1. When prices or other economic conditions change:
2. When it is necessary to adjust terms and conditions of lease between housing leased by the Plaintiff or between rental housing in a neighboring similar area;
3. When the price of rental housing, incidental facilities and a site is significantly changed.