1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. 1) On May 21, 2008, the Plaintiff entered into a lease sale contract with the Defendant, a commercial building C located in Jung-gu Seoul Metropolitan Government (hereinafter “instant commercial building”).

() As to the lease sale price of 86,350,00 won for one unit of the second unit of underground floor (3.9 square meters for exclusive use by the unit of the Gu), a lease contract was concluded with the head of the Gu (4,350,000 won for lease deposit, excluding lease deposit, lease deposit, and value-added tax 4,350,000 won for the sale price excluding lease deposit) (hereinafter “instant lease sale contract”).

2) Under the 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).

In addition, the main contents of the lease contract of this case 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) When a lease contract is terminated, the lessor shall be obligated to refund the rental deposit out of the rent.