상가권리금 법제개선 방안 연구

A new legislation regarding Key Money in commercial leasing has been enacted and enforced since May 12, 2015. Shop Key Money can be regulated by both public and private law. Nonetheless, legal action by a contractual agreement between parties should be the basic standard. Additionally, matters of public law ought to be established on a complementary basis. With respect to Key Money for commercial lease, it seems that amending the current “Commercial Building Lease Protection Act” is highly appropriate. Thus, it is necessary to conduct a legislative assessment on “Commercial Building Lease Protection Act” based on the following terms: First, continuous discussion is needed concerning a transfer of intangible property or business premium assessment in terms of concept of Key Money. Second, Article 10-4, (2), 2 should be modified as Article 10-4, (2), 4 and the scope of the Landlord’s Duty of Cooperation and No Disturbance at the Rental Premises should be established for protecting the collection of Key Money. Third, the use of Standard Contract Provisions for Key Money should be mandatory and the Registration System of Key Money can be imposed to protect the rights of both parties. Fourth, it is proper that exceptions of Key Money should be gradually expanded according with social development. Fifth, conciliation committees can be created in cities and provinces for a prompt resolve of disputes. It is also important to consider the infringement of Landlord’s property rights, principle of liability, principle of trust and confidence, and principle of definiteness.