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 May 6, 2004, the Plaintiff leased a store located in Ulsan-gu D (hereinafter “instant store”) from C and operated the restaurant. On January 30, 2008, the Plaintiff entered into a lease agreement with C and the instant store at KRW 30 million and KRW 300,000 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 10, 2012, the Plaintiff entered into a lease agreement between the Defendant and the instant store with a deposit of KRW 30 million, monthly rent of KRW 650,000.

[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 10, 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, and thus, the Plaintiff is obligated to return to the Plaintiff the amount equivalent to KRW 10,659,000 per month (=30,000 per month (i.e., 300,000 x 9%) exceeding the reasonable limit.

3. Determination

A. Article 11(1) of the Commercial Building Lease Protection Act provides that "In cases where rent or deposit has become unreasonable due to taxes, public charges and 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 ratio in accordance with the criteria prescribed by Presidential Decree." Article 11(2) provides that "a request for an increase under paragraph (1) shall not be made within one year after the lease contract or agreed rent, etc. has been increased."