상가권리금 회수기회 보호제도의 문제점과 개선 방안 (Problems and Improvement of the Protection System for the Opportunity to Recoup Commercial Premiums)

서지정보

· 발행기관 : 충북대학교 법학연구소
· 수록지 정보 : 법학연구 / 35권 / 1호 / 133 ~ 158페이지
· 저자명 : 전정표, 이재목

초록

The Commercial Building Lease Protection Act was enacted in November 2002 with the aim of protecting tenants so that they can promote stable economic life. By stipulating the premium, which was recognized only as a precedent on May 13, 2005, the opportunity to cash in the tangible and intangible property values formed by the lessor or tenant through business was guaranteed. The protection of the opportunity to recover the premium of the tenant conflicts with the owner's exercise of property rights. It suggests a way to satisfy both the tenant and the lessor. Only the facility premium and the business premium should be owned by the lessee, and the location premium should be included in the rent. Limit the period of guaranteeing that the tenant can recover the premium to 10 years. Property that is not used for public purposes among state-owned and public property shall be property that, like other lessors, guarantees that the tenant can recover the premium. If the rent for three periods is overdue, the lessor may refuse to renew the contract. This principle applies only to the lease period including the overdue period, and if the contract period is extended in consultation with the lessor, let's prevent the lessor from rejecting the contract renewal due to overdue period.
It has already been 22 years since the Commercial Building Lease Protection Act was implemented, but the conflict continues due to the interests of the tenant and the lessor. Efforts to correct wrong practices through dialogue and compromise, understand the other party's position, and reach an agreement should continue.

영어초록

The Commercial Building Lease Protection Act was enacted in November 2002 with the aim of protecting tenants so that they can promote stable economic life. By stipulating the premium, which was recognized only as a precedent on May 13, 2005, the opportunity to cash in the tangible and intangible property values formed by the lessor or tenant through business was guaranteed. The protection of the opportunity to recover the premium of the tenant conflicts with the owner's exercise of property rights. It suggests a way to satisfy both the tenant and the lessor. Only the facility premium and the business premium should be owned by the lessee, and the location premium should be included in the rent. Limit the period of guaranteeing that the tenant can recover the premium to 10 years. Property that is not used for public purposes among state-owned and public property shall be property that, like other lessors, guarantees that the tenant can recover the premium. If the rent for three periods is overdue, the lessor may refuse to renew the contract. This principle applies only to the lease period including the overdue period, and if the contract period is extended in consultation with the lessor, let's prevent the lessor from rejecting the contract renewal due to overdue period.
It has already been 22 years since the Commercial Building Lease Protection Act was implemented, but the conflict continues due to the interests of the tenant and the lessor. Efforts to correct wrong practices through dialogue and compromise, understand the other party's position, and reach an agreement should continue.

참고자료

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