상가건물 임차인의 권리금 회수기회 보호

The Commercial Building Lease Protection Act was amended on May 2015 and October 2018, new regulations on the protection of the opportunity to recoup premium were established. In relation to the duty of lessor to protect the opportunity to recoup the premium, it was not explicitly stipulated for the period in which the opportunity to recoup th premium is protected. This paper proposes a scheme for improvement to amend provisions concerning premiums in leasing commercial buildings. As regards premiums, it is necessary first to add new provisions concerning timing limitations on a lessor's duty to refrain from obstructing any lessee in collecting a premium. The Supreme Court recently ruled that even if period for demanding right of lease contract renewal has expired, lessor has an obligation to protect lessee the opportunity of recoup th premium. In addition, it is necessary to amend the provisions under which all grounds for rejecting a request for renewal are applicable mutatis mutandis as grounds for exemption from the duty to refrain from obstructing opportunities to collect a premium. To prevent disputes between lessor and lessee, it is also necessary to amend the Act to require compulsory use of the standard contract form for the lease of a commercial building and a premium agreement. Anyway there is a need for legislative improvement to balance the interests of lessor and lessee.