상가건물 임대차보호법상 계약갱신요구권과 권리금 보호의 문제점과 개선방안

The Commercial Lease (Protection) Act was enacted to promote the stability of the tenant's economic life by protecting the tenant, who is generally socially and economically weak, in the lease of a commercial building. This law has protected the economically weak tenants of commercial buildings by stipulating the right to object(Article 3), priority payment of deposit(Article 5), protection of small deposits(Article 14), order for registration of lease rights(Article 6), lease term(Article 9), right to demand contract renewal and tacit renewa (Article 10), etc. After that, the tenant's rights were further strengthened by protecting the tenant's opportunity to recover the premium and extending the exercise period of the right to request contract renewal to 10 years. In proportion, the possibility of infringement of the lessor's property rights further increased. In the Commercial Building Lease Act, the tenant protection system is related to the interests of tenants and lessors. In the main text, the contents of the Commercial Building Lease Act were reviewed focusing on the lease period, the right to request contract renewal, and the premium recovery system. As a result, interpretation and improvement measures were proposed to control the interests between both the lessor and the tenant. Specifically, some regulations were proposed to be revised and newly established to improve the system for tenant protection. In order to protect the lessor, it was proposed to revise and establish regulations, focusing on excessive infringement of the lessor's property rights or different parts from the contents of the Civil Act and the Housing Lease Act. In particular, in the case of regulations related to the collection of premiums by tenants, it was difficult to determine who belongs to local premiums, calculate the amount of specific premiums, and the need for legislative determination to resolve the issue of double punishment and excessive property rights infringement against tenants by recognizing all grounds for refusal to renew the contract as justification for obstructing the collection of premiums. The Commercial Building Lease Act is a special law enacted under the Civil Act, and the system for protecting tenants was enacted with reference to the Housing Lease Act. As a result of reviewing in the main text, the interpretation is not clear and difficult to understand due to the ambiguity and systematicity of the regulations. In the law to protect the socially and economically weak, the content of the protection system is important, but it should be clear and easy to understand. I hope this study will contribute to the improvement of the Commercial Building Lease Act.