상가권리금 회수기회 보장에 관한 연구

Abstract

The amendment of Commercial Store Lease Protection Act (hereinafter, the ‘Act’) dated May, 2015, provided measures to protect the real estate premium of commercial shops in three dimensions to prevent unfair infringement of premium collection opportunity of lessees and reinforce follow-up remedies. First is to improve the protection of lessees’ premium collection opportunities. Second is to set up a remedy for premium damage of lessees. Third is to establish infrastructure for sustained premium protection. However, such premium protection schemes are insufficient in its nature to resolve the commercial store premium issue. In this situation, the study presented the following improvements regarding the protection of such premium collection opportunity. First, since the Act is about exceptions of lessee disturbance prohibition and all of the reasons to deny lease renewal in Article 10(1) are accepted, and which is not appropriate; the paragraph 3 should be limited to ‘the cases where the lessor agreed to provide corresponding compensation to the lessee under mutual consultation’. Second, it should be obliged to use the standard agreement on premium and declare it to a competent tax office. And the premium contract details should be notified to lessor. Third, Article 10(2) of the Act should be amended to extend the period of lessee’s contract renewal demand right exercise from 5 years to at least 7 years. Forth, the premium definition of Article 10-3(1) should be revised that ‘… refers to the payment made in cash, etc. between the present lessee and new lessee in addition to deposit and balance’ to exclude a lessor from premium-receiving parties. By doing so, it should strike a balance with the paragraph 2 of the Article and Article 10-4(1)1. Fifth, a devoted dispute settlement agency needs to be installed for commercial store real estate premium issues. Sixth, concerning the reconstruction and redevelopment of Article 10(1)7 of the Act, a method should be established to collect real estate premium. Seventh, for more fundamental solution for this premium issue, such premiums would need to be taxed strictly for the short term while introducing a premium scheme for a limited period of 10 years, for example. In this manner, it is desirable to prohibit premium exchange itself after the certain set grace period.