상가건물 권리금 보호규정에 관한 소고

Abstract

Although the Commercial Building Lease Protection Act is in place, including the articles for the protection of opportunity of collecting premiums, the tenant’s right is not absolutely protected. As a result, there are major disputes that have occurred or are expected to happen in the future : problems of the existence of the protection period of the rights, of collecting premiums, of calculating the amount of damages in the act of interfering with the opportunity to collect premiums, violation of the obligation of arranging new tenant and other duties, and of the range of limiting the landlord's rights. Due to these problems, there are cases where interested parties are not actually covered by the protection regulations despite the presence of articles for protection of premiums. This study is to find a solution to practical problems by an empirical method using lower court rulings on premiums. As a result of the study, the following improvement measures were drawn : the interpretation on the part of the remarkably large amount of rent and deposits under the law, the interpretation of those who used commercial buildings for non-profit purposes for a year and a half, regulations when the tenant is interfered in the process of arranging new tenants, offering the information about new tenants, exemption from Article 10-4 (1) and the provision of the right to renew the contract at the time of signing the lease, and the alternative plan to improve the regulations from 3 months before the end of the lease period to the end of the lease.