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A Study on the Governmental Legislation Way of the Shops Key Money

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2015, 3(1), pp.113-134
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

won, sang-chul 1

1용인송담대학교

ABSTRACT

The shops lease occurs a key money problem unlike the housing lease. The problem that is given and taken the key money, is an important factor of shops lease in the formation. These days, The guaranteed of the key money, in addition to security deposit, is set to be a problem with regard to shops lease. After paying a large amount of key money, It is a serious problem to do not return this. So the government has introduced a protective measure in order to solve this problem in the blind spot of the law. Because there is no direct regulations on current law, It is difficult for lessee to recover the shops key money. Therefore the government had presented the improvement of shops lease program; a guaranteed of lease period for five-year, cooperation obligations on the key money recovery of lessor, the lessor's damages if you disturb the key money recovery etc. However, Because the government's improvement is insufficient to protect the shops key money, This is necessary to provide for improving plan. The government’s amendments is to process through the Shops Building Lease Protection Act, but there is a need to strengthen the lessee's shops key money by Revising the Civil Law.

Citation status

* References for papers published after 2023 are currently being built.