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. From June 10, 207, the Plaintiff leased a store located in Ulsan-gu D (hereinafter “instant store”) from C and operated retail business selling props, etc., and on June 13, 2009, the Plaintiff drafted a lease contract of KRW 30 million with respect to the instant store and the E and the instant store and KRW 230,000 per month.

B. As to the instant store, on April 2, 2012, the registration of ownership transfer was completed in the Defendant’s future.

On May 16, 2012, the Plaintiff entered into a lease agreement with the Defendant and the instant store with a lease term of KRW 40 million, the lease term of KRW 24,00,000 for June 13, 2012 and KRW 600,000 per month.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. On May 16, 2012, the Plaintiff asserted that the Defendant demanded the increase of the rent in KRW 6.50,000 per month upon renewal of the lease agreement. This is in violation of Article 11(1) of the Commercial Building Lease Protection Act (hereinafter “Act”) and Article 4 of the Enforcement Decree of the same Act, “The claim for the increase of rent or deposit shall not exceed the amount equivalent to 9/100 of the rent or deposit at the time of the claim.” Thus, the Plaintiff is obliged to return the rent in excess of the amount equivalent to 20,700 won per month (=230,000 won x 9/100), a reasonable increase limit, to the Plaintiff as unjust enrichment.

3. Determination

(a) Article 11(1) of the Commercial Building Lease Protection Act provides that "where rent or deposit has become unreasonable due to taxes, public charges, other burdens on the leased building, or changes in the economic conditions, the parties concerned may request an increase or decrease in the future rent or deposit. However, in cases of an increase, it shall not exceed the rate set in the standards prescribed by Presidential Decree." and Paragraph (2) of the same Article provides that "a request for an increase under paragraph (1) shall be made after a lease contract or agreed rent, etc. has been increased."