1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is a housing rental business operator who newly constructs and leases D apartment units (hereinafter referred to as D apartment units), which are a private rental housing unit in Yongsan-gu Seoul Metropolitan Government C.

B. On May 14, 2009, the Plaintiff entered into a lease agreement with the Defendant with the lease deposit of KRW 2 billion, KRW 3,280,000, monthly rent of KRW 3,461,00, and five years from the starting date of the designation period of occupancy in the lease period (hereinafter “instant lease agreement”).

C. As the construction of D apartment units was completed and the occupancy of D apartment units was commenced on January 31, 201, the Plaintiff also occupied the apartment units of this case.

On March 15, 2011, the Plaintiff and the Defendant changed the term of the contract to the effect that no monthly rent exists instead of increasing the lease deposit in KRW 2.377 billion (the conversion of the deposit into the monthly rent is deemed to have not changed the actual rent), and the Plaintiff paid all KRW 2.3789 billion on the same day.

E. The relevant provisions of the instant lease agreement are as follows.

Article 3. The lessee shall pay the rental deposit as referred to in Article 1 to the lessor without interest, and if the payment is not made by the date of the payment agreement under Article 1 (2), the overdue charge calculated by applying the minimum overdue rate for general loan loans of the financial institution with the highest market share of household funds as a financial institution under the Banking Act shall be paid in addition to the overdue charge.

Article 7 (Change in Terms and Conditions of Rental, etc.) (1) In cases falling under any of the following subparagraphs, a lessor and a lessee may adjust rental deposit, rent, management expenses, user fees or payment for installments:

However, the adjustment of rent (hereinafter referred to as "rent, etc.") shall not violate the provisions prescribed by the Rental Housing Act and the Housing Lease Protection Act, and the request for increase of rent, etc. under Article 2 of the Enforcement Decree of the Housing Lease Protection Act shall be made.