[判例評釋] 권리금 회수기회 보호의 시간적 한계 - 대전지방법원 2017. 5. 19. 선고 2016나108951 판결 -

As for protecting tenant's opportunity to recover the Premium, the current Commercial Building Lease Act prohibits the landlord from interfering with the tenant's collecting the Premium but does not specify how long the landlord should bear such provision. Under Article 10-4 Protection of opportunity to collect the Premium of the Commercial Building Lease Act the contract parties comply with Article 10-1 justifiable grounds to refuse the contract renewal but not explicitly Article 10-(2) which specifies the time limit-entire lease term; therefore, arguably as far as the protection of opportunity to collect the Premium is concerned, 5 year limit is controversial between the tenant and landlord. In this regard, by Article 10 (2), it was most common to judge that the tenant's opportunity to recover the Premium should be the same 5 years as the contract renewal period. However, a meaningful judgment at the lower court has been recently pronounced, according to which, even if exceeding five years of the entire lease term, the landlord still has an obligation to cooperate with the tenant's opportunity to collect the Premium. The study findings confirm that, in order for a judgement to show a different view from the existing precedents, it is hard to easily accept some grounds of judgement while agreeing with a verdict set aside. Protection of opportunity to collect the Premium is a key issue of the Commercial Building Lease Act and requires more sophisticated theoretical support. Continuous studies will help the Commercial Building Lease Act via a verdict more descriptive of the reality to settle down into a legal system which can reflect the original legislative intent.