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Legal Analysis and Issues of Legislative Protection for the Shop Key Money

  • Korea Real Estate Review
  • 2015, 25(2), pp.99-112
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate

Seungjong Kim 1

1국토연구원

Accredited

ABSTRACT

National Assembly revised the Commercial Building Lease Protection Act(hereunder, the CBLP Act) for protecting the shop key money May 12, 2015. This means that the shop key money which had been dealt in practice without the law will be protected and reclaimed by law. The CBLP Act legalized the definition and protection system of the shop key money, the standard form of contract and appraisal standard regarding the shop key money, etc. The aim of this paper is to review the background and main contents of the CBLP Act about the shop key money, study it on legal basis, and suggest legal issues. This paper points out the flaw on the CBLP Act and suggests revision directions. Especially, it is necessary to revise the exclusion of extensive markets from protection scope and the omission of conciliation committee for key money trade in the act as soon as possible. In addition, It suggests legal issues which should be reviewed additionally regarding the key money protection. Most of all, as the key money protecting system on the commercial building is legalized in private law, there should be a discussion about the compensation of it in the public law. Moreover, it is required to tax on the shop key money with duty to report it in the long term. Lastly, We need to find out the current conditions on the key money on the commercial real estate by region and market types for appraisal.

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