상가건물임대차보호법 개정 이후의 주요 법적 쟁점: 최근 대법원 판례를 중심으로

This article examines ten leading Supreme Court decisions on the Commercial Building Lease Protection Act (CBLPA) issued between the Act’s major amendment in 2015－which substantially strengthened commercial tenants’ opportunity to recover goodwill－and 2025. Although the legal issues differ from case to case, the Supreme Court has generally sought coherent and workable solutions within the boundaries of statutory interpretation, even in the face of incomplete, ambiguous, and sometimes unsatisfactory legislative drafting. The current legal regime under the CBLPA may therefore be characterized as one of imperfect equilibrium, in the sense that the Court has adopted the best attainable interpretive approach on the premise of imperfect legislation. The article underscores the need for legislative reform to resolve the persistent uncertainties in commercial lease relationships. It proposes three amendments: two modest adjustments and one major revision. The modest proposals are: (1) establishing a clear deadline by which a tenant must notify the landlord of an intention not to renew; and (2) repealing the provision that exempts the landlord’s goodwill-related obligations when the premises remain vacant for more than eighteen months. The major proposal is: (3) distinguishing the portion of a tenant’s business value derived from the right to use the premises from the portion independent of it. The former should be recoverable through the assignment of the leasehold jointly with the transfer of the tenant’s business and, where necessary, the statutorily guaranteed minimum lease term should be extended to secure such value. The latter should provide the tenant with a claim for damages against any party who unjustifiably interferes with that value.