1. The defendant shall be the plaintiff.

(a) deliver 60.83 square meters of underground rooms among the real estate listed in the attached list;

(b) KRW 3,430,000; and

1. Basic facts

A. On July 25, 2015, the Plaintiff and the Defendant concluded a lease agreement with respect to the real estate of 60.83 square meters in the underground room (hereinafter “instant store”) among the real estate listed in the attached Table, which is owned by the Plaintiff (hereinafter “instant lease agreement”), which read “Guarantees KRW 5,000,000, monthly rent of KRW 500,000, monthly rent of KRW 500,000, and from July 31, 2015, the date of delivery for the period of time,” (hereinafter “instant lease agreement”).

B. The Plaintiff and the Defendant renewed the instant lease agreement by increasing the monthly rent from KRW 500,00 to KRW 600,000, which is the end of July 2017.

[Grounds for recognition] Facts without dispute, purport of whole pleading

2. Determination as to the cause of claim

A. Article 11(1) of the former Protection of Commercial Building Lease Act (amended by Act No. 17490, Sept. 29, 2020) regarding the monthly rent from August 2017 provides that “Where rent or deposit has become unreasonable due to taxes, public charges, and other burdens on the leased building, or changes in economic circumstances, a party may request an increase or decrease in future rent or deposit.”

However, in the case of an increase, it shall not exceed the ratio under the standards prescribed by Presidential Decree.

Section 2, “A claim for increase under paragraph 1 shall not be made within one year after the lease contract or agreed increase in rent, etc. is made.”

Each of the terms “....”

Article 4 of the former Enforcement Decree of the Protection of Building Lease (amended by Presidential Decree No. 28611, Jan. 26, 2018) shall not exceed the amount equivalent to 9/100 of the rent or deposit at the time of the request for increase in the rent or deposit under Article 11 (1) of the Act.

“......”

This is a mandatory provision (Article 15 of the Commercial Building Lease Protection Act), and it is applied only when one of the parties requests an increase or decrease in the rent, etc. agreed upon during the existence of the lease contract, and it is re-contract after the termination of the lease contract, or even before the termination of the lease contract.