Commonly, around a contract of commercial building lease, in addition to a lease deposit, a premium paid by the lessee to lessor, lessee to prior lessee, or sub-lessee to original lessee, assignee of lease right to assignor. If Both parties terminates the contract of commercial building lease, Lessee will have to pay to lessor more the premium then the lease deposit. Though this premium is being paid customarily in the commercial building lease, We lacks legal and institutional guarantee on the premium. Because these disputes is growing, we should resolve this issue. Actually, even though the payment of the premium is a general practice in a contract of commercial building lease, the lessee is not protected by a lease dispute involved premium. It has a great importance.
In relation to these commercial building leases, The effects of the characteristics of the premium and the obligations of the premium return that is called the premium in the contract of commercial building lease that be paid to the lessor except for a lease deposit, is decided by the customs or the contents of the contract. It is our reality. Our case can not charge the re-claim of the premium in principle. But even after the lease relationships is terminated, If the commercial buildings have a property value or the lease contract is terminated by the lessor’s errors, lessor should give some or all of premium back. However, upon the case reviewed, some commentators argued that the gap between the actual practice and legal principle is needed to be removed by the enactment of rules rather than solved by the self-governing principle between the parties.
The issue of premium in the commercial building lease contract, should be handled carefully. Thus, considering both parties equal treatment of the legal position, seeking to the solution either legislation or self-governing is significant job for researcher and I presented somewhat serious proposal in this piece. This paper is that the resolution would like to present to the legalization of premium in the commercial building lease.