개정상가건물임대차보호법에 관한 검토

The purpose of this amendment is to resolve diverse issues raised in executing Business Building Lease Protection Act in the past. Initially, with regards to scope of application of a lessee’s opposing power, restriction on lease deposits is removed, and the foregift of business building which used to rely on precedents is now recognized, and therefore, a lessor shall acknowledge acceptance of the foregift between a preexisting lessee and a new lessee. In reality where it is difficult to set standards for foregift, provided that Ministry of Land, Infrastructure and Transport should set standards for estimating foregift, it must be clearly stated that the scope of foregift of lessee’s to be protected shall not overrun the higher of the annual rent and annual net operation profit, in order to minimize legal disputes between a lessee and a lessor. Since the series of disputes involving foregift agreements result in lawsuits, a lessor may face infringement of property rights and a lessee may be compensated with insufficient amount of foregift. With regards to this matter, nowhere in Amendment to the Business Building Lease Protection Act a constitution of foregift adjustment committee is dealt with. Therefore, it is demanded that a political decision be made regarding a constitution of expert committee exercising quasi-judicial function. In reality where it is difficult to set standards for foregift, 「Business Building Lease Protection Act」, different from the civil law, is a special act enacted to protect lessee, the economical weak, and promote their stable economic lives and democratization of economy by limiting the principles of freedom of contract. Therefore, a rational application providing protection to rights and interests of the persons concerned is required.