商街建物賃貸借保護法의 問題點 및 改善方案

• 영문명: A Problems and Reform Measures for them into Commercial Building Lease Protection Act
• 발행기관: 한국부동산학회
• 저자명: 장건(Jang, Geon)
• 간행물 정보: 『부동산학보』不動産學報 第37輯, 182~207쪽, 전체 26쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2009.05.30

영문 초록

1. CONTENTS (1) RESEARCH OBJECTIVES To implement the purpose of legislation to pursue, Commercial Building Lease Protection Act prescribes various exceptions concerning a commercial building and commits most of primary things to its enforcement ordinance. Eventually, I judge that the ordinance enabled the purpose of its legislation to be achieved properly on the one hand and that it was designed through considerable examination to minimize the problems raised on the other hand. Thus, I will present problems about the act and solutions to them, and explore the reality and the future tasks. (2) RESEARCH METHOD In our country, very few researches have been made in guaranteeing the status of a very poor commercial building lessee. Thus, this study which analyzed the literature on Commercial Building Lease Protection Act centering on two pieces of theses for a doctor's degree and ten pieces of treatises on the act thoroughly analyzed its theoretical system and problems and described reform measures for them in comparison with the current system. Chapter 2 in this study, therefore, constructed a legal theory of basic law on a lease contract. Chapter 4 described reform measures for solving the problems. Chapter 5 described the solution by the measures and future tasks, and formed a conclusion. (3) RESEARCH FINDINGS As studied in the above, Commercial Building Lease Protection Act includes many problems to protect very poor merchants. It is given the benefits such as enabling the merchants to stably engage in businesses on a long-term basis, guaranteeing lessors legal stability and minimizing unnecessary disputes. Thus, we will have to continuously examine relevant provisions not to excessively regulate the market function worried by some people but to establish fair trade order in the lease of a commercial building. 2. RESULTS Commercial Building Lease Protection Act for the purpose of stabilizing and protecting the economic lives of poor merchants was early enforced. The outline of this act requires delivery and businessman's registration as requirements of resistance, and requirements of resistance and reception of the seal for a fixed date at a competent tax office as request right system also came to provide even more protection for a right of lease, the right to most preferred debt was acknowledged in the guarantee money in the fixed amount or less, and lease registration order system was naturally introduced in housing lease. However, this act did not make the most of the initial legislative purposes and excluded most of the plans for protecting lessees in the legislative process. The precedent for rationally operating this act is not established. I wanted to concretize the contents of current Commercial Building Lease Protection Act seeking cases applicable to commercial building lease among the precedents established in the plans for the stability of substantial residence and economic lives of those who lease commercial buildings and Housing Lease Protection Act. I compared and analyzed the main contents of the act with the precedents related to housing lease. I suggested the direction to which to improve Korean commercial buildings lease by examining foreign systems related to lease. Housing Lease Protection Act or Commercial Buildings Lease Protection Act are all similar in that they protect the rights of lessees who can be said to be the weak socially and economically by having an exception to lease stipulated by civil law. However, the contents on the exception prescribed by the two acts have some differences. They differ in applicable object, the term of lease contract, the reasons for cancelling contract, and the reasons for rejecting the renewal of contract. They differently stipulate the value of building where the right to most preferred debt is acknowledged. This is judged to consider to some degree the side effect provoked by excessive protection for lessees and the functions of a market. But

목차

Ⅰ. 序論

Ⅱ. 賃貸借契約에 따른 法律關係

Ⅲ. 商街建物賃貸借保護法의 問題點

Ⅳ. 商街建物賃貸借保護法의 改善方案

Ⅴ. 結論

(abstract)

(參考文獻)

키워드

Commercial Building Lease Protection Act a lessee opposing power lease registration order appraisal right a fixed date