상가건물임대차보호법 제10조의5의 문제점과 개정방향

Abstract

As Commercial Building Lease Protection Act of Korea was revised in 2015, it included premium that was on blind spot of law for long time in our legislation into legal protect object. However, according to revised article 10-5 of Commercial Building Lease Protection Act, if it is a part of large-scale store or semi large-scale store according to article 2 of 「Distribution Industry Development Act」, it employs exception of premium collection opportunity protection, so if lease object is a part of large-scale store, the problem that a number of leasehold merchants is not well protected about the premium is occurring. Issue 1, article 10-5 derives concept of Distribution Industry Development Act, and it applies and excludes protection subject of premium based area, and since this has fundamental problem to connote side effect unlike original revision intention, it is thought that revision work in the future must be necessary. benefit of the law called overall purpose of use of large-scale store considers about how it is considered in commercial building lease act, and it suggests revision direction of current article 10-5 through study about each point above, and it tries to grasp whether commercial building lease act is applied on fee buried agreement that is made in department store and others, and which point should be considred and interpreted even though it applies.