상가권리금에 대한 임대인의 방해금지의무와 개선방안에 대한 연구

Store premium means money or other valuables that the lessee receives from a new lessee or sub-lessee for the acknowledge of the special profit of place or the reward of use of right of the real estate in addition to the lease contract or sublease contract of the commercial building. If lessee has valid use of commercial buildings during the contract period, lessor has reported that there is no return duties to the store premium. Since such store premium is transacted with higher price than the deposit of lease contract, it is an important factor in the conclusion of the lease contract of the commercial building. Nonetheless, such store premium is mainly conducted according to the customary practice or judicial precedents, and has been in the dead zone of the law. Accordingly, the disputes or conflicts of store premium become a social issue. Thus, the government prepared a plan to legislation the store premium and it was enacted from May 13, 2015. However, it is focused too much on the protection of the store premium of the lessee and legislation was made too urgently in terms of policy. Therefore, it infringes the freedom of selection and the ownership of the lessor excessively. In particular, the provisions related to the store premium are so unclear and abstract that such can be under the possibility of abuse and subject to disputes. Accordingly, this study reviewed the academic theories and case law on therent in arrears which is an important obstruction prohibition duty of lessor of the store premium, followed by the study on the legislative improvement measure on the change of commercial business type and sublease, which are especially problematic in order to contribute the right protection of the both parties and the legal stability.