1. Revocation of a judgment of the first instance;

2. The defendant shall pay to the plaintiff 11,949,200 won and its payment from May 1, 2010.

1. Basic facts

A. 1) On March 28, 2008, the Plaintiff entered into a lease sale contract with the Defendant, Jung-gu, Seoul (hereinafter “instant commercial building”).

() As to the lease sale price of 67,650,00 won for one unit of six stories (the exclusive use area of 3.9 square meters for one unit of six stories (the lease deposit of 38,50,000 won, the sale price of 26,50,000 won excluding the lease deposit, and the value-added tax of 2,650,000 won excluding the lease deposit), a lease contract was concluded (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.