상가건물 임대차의 실태분석 및 제도 개선방안

Abstract

In commercial property lease contract, guarantee of rights is a problem of survival for the small businesses. In order to guarantee commercial tenants’ stable business period and security deposit, the ‘Commercial Property Lease Protection Law’ was established in 2002 and amended 7 times until August 2013; however, to this day, due to incomplete regulation, confusion in interpreting them, and abuse by the leaser, the effectiveness of the regulation is still in question. Therefore, the objective of this research is to uncover issues of the regulation based on the analysis on current condition of commercial property lease and propose improvement plans. Analysis on 8,000 effective samples against small businesses, several issues were uncovered, including lease increase upper limit and leaser’s right to demand contract extension; the following are improvement plans. Firstly, to increase the protection rate of commercial tenants, the commercial lease laws must be amended such that the subject to which Commercial Property Lease Protection Law is applied is expanded. Secondly, deposit limit must be maintained while not converting the rent money to deposit. Thirdly, the 12% annual rent money conversion rate must be lowered through amendment of enforcement decrees. Lastly, as part of improvement plan for maximum rent period, an adequate plan would be to extend the right to request lease renewal from the current 5 years to a minimum of 7 or 10 years.