상가권리금 법제의 개선방안

Abstract

Problems and Improvement in System for Protection of Shop Key Money In case of the purchase or lease of shop for inauguration, lessee generally pays the shop key money in compensation for the transfer of business activity right, which is one of the very important factors in business and causes the dispute in dealing shop key money in buildings bearing high profit. The shop key money is sometimes much higher in business quarters in the city area to be one of major difficulties faced with lessee. Additionally, disturbance of shop key moneyby leaserholders, and unstable guarantee of the recovery by redevelopment projects and reduced lease period brings about increases in damages of lessees and in the incidence of dispute in contracts of expensive key money. The Shop Lease Protection Act revised on the basis of above facts in 2015 provides the legalistic rights of lessee to recover the shop key money by definition of shop key money and guarantee pf recovery of it by lessee. Although it is very significant to legislate the recovery of shop key money, apart from the purpose of Act, there are limits by insufficient consideration, which result in impractical application to protect lessee. Therefore, the objectives of this study were to review the factors in shop key money formation, revised Act, and problems, and to suggest the improvements to reduce disputes in the viewpoint of legislation. First, to prevent lesser from disturbing recovery of shop key money, obscure evaluation standard should be revised, and nonprofitable accupancy period by lesser, improperness of mediation period for new lessee were stated definitely and solutions were suggested. Second, the reason to extend the excise term of claim right for shops lease contract renewal was stated and a legal term was suggested. Third, evaluation standard for shop key money in revised Act not appropriate for practical application was stated and objective evaluation standard was suggested. Fourth, improperness for exclusion of shops in traditional market place was explained and solutions for protection by Act were suggested. Fifth, the reason why lessees of shops under redevelopment project should be included for protection by Act was stated and solutions were suggested. Shops lease, which is closely related with tenants’ life, should be dealt firstly most of all. Legislative complementation of law to protect Tenants under economically inferior position is required without any unfair violation of property right of leaseholders.