상가건물 임대차보호법상 관리비 투명화 방안에 관한 연구- 2025년 개정안의 한계와 입법적 대안을 중심으로 -

Although the current Commercial Building Lease Protection Act caps rent increases at 5%, it has caused a "balloon effect" known as the "second rent" phenomenon, where landlords abnormally hike management fees to preserve profits. While management fees should serve as reimbursement for actual maintenance expenses, the absence of clear calculation standards threatens the livelihoods of small business tenants. Accordingly, the 2025 amendment introduced mandatory disclosure of management fee details; however, effectiveness remains limited due to the lack of sanctions and "blind spots" concerning general buildings. This study aims to define the legal nature of commercial management fees and propose legislative improvements by analyzing legislation in major countries such as Germany, Japan, and France. Based on this, three specific improvement measures are proposed. First, through "standardization of calculation criteria," individual usage fees and common management fees must be strictly distinguished, and prohibited charges, such as capital expenditures, must be explicitly stipulated. Second, "clarification of the collection entity and separation of accounts" must prevent commingling rent with fees and block evasion via third-party collection. Third, a "right to refuse payment" should be established, allowing tenants to withhold fees if the landlord violates disclosure duties. This study suggests that these mechanisms will resolve information asymmetry and establish a fair trade order.