1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. 1) The Plaintiff entered into a lease sale contract with the Defendant on June 9, 2008, and the Seoul Jung-gu B commercial building (hereinafter “instant commercial building”) on the 10th day of the same month.

(2) As to the five-story unit (the exclusive area of 3.9 square meters for each unit of Gu), each lease contract was concluded by separately stipulating that the value-added tax, excluding the lease deposit, shall be separately paid for the lease price of KRW 74 million, the lease deposit of KRW 38.5 million, and the lease deposit of KRW 38.5 million (hereinafter “each lease contract of this case”).

2) Under each lease contract of this case, the Plaintiff and the Defendant determined the specific location of the store by lot after the payment of the above rent, and decided to settle the rent according to the increase and decrease in the size of the store determined by lot (Article 1(2) of each lease contract of this case), and the overdue interest rate on the rent of this case shall be set at 19% per annum (Article 3 of the same contract).

Other major contents are as follows:

Article 4 (Lease-Out Area) (1) The rent-out area of a store shall be the area calculated by adding the area for exclusive use to the area for exclusive use, and the rent-out amount is equivalent to the area for exclusive use by each floor, as such, if there is an increase or decrease in the area for exclusive use after drawing a store, it shall be adjusted by adding up

(2) No purchaser shall raise an objection to the increase or decrease of the exclusive use area of one unit based on the change of a building plan or business plan, adjustment of the formation of a commercial building, results of construction works, etc. in the relevant authorization and permission process, and the increase or decrease of the sale

Article 5 (Lease Deposit) (1) Since the lease deposit included in the sale price is the amount for the exclusive area of one unit by floor, the buyer shall settle the lease deposit according to the lease area of the store allocated after drawing.

(2) Upon termination of a lease contract, a lessor shall be liable to refund the rental deposit out of the rent, and shall be the sale price except for the rental deposit.