상가건물임대차보호법상 문제점과 개선방안에 관한 연구

To protect a lessee who is an economic and social weak, in business building lease agreement, some reform-minded members of the National Assembly suggested its legislation, collecting the opinions of Democratic Labor Party and civil groups, therefore, the Commercial Store Lease Protection Act was legislated and proclaimed on 29 December 2001. And, it revised Section 1, Article 2 of the Decree on the Act on 21 July 2010 and it has come into effect on 26 July 2010. Even though it came up with steps to collect public opinion from the beginning, there are limitations of legislation introduced by members of the National Assembly, to give rise to various problems during execution. Thus, this study examined, among such problems on this Act, issues to be urgently settled; scope of this Act, deposit, opposing power and transfer, premium, and lease term and renewal, and suggested improvement directions for individual issues. Particularly, the government revised a law related to deposit on the Decree of the Act on 21 July 2010, but it is very rare that a deposit from the lessee is actually protected in the process of forcible execution of real estate by a court. Therefore, it is suggested to raise lower limits of large amount of legal deposits much more than that in force or to impose a contract deposit only without any conversion deposit.