상가건물 임대차의 권리금

Premium on the Lease of Business Building

There are many buildings, but more persons need to lease them. Therefore Civil code legislate lease stipulation for a large number of lessees. According to the 618th article of Korean Civil Code, a lease becomes effective when one of the parties has agreed to allow the other party to use an object and take profits therefrom, and the latter has agreed to pay rent for it. But lease stipulation of the Civil Code is lack of protection for the lessees of the real estate. Therefore Korean government legislates a Protection Act on the Housing Lease for the lease of housing in 1981. For the lease of business building, the 16th Korean National Assembly passes a protection bill on the lease of business building in 2001. Generally the lease of business building accompanied with premium or foregift. The premium is given and received between lessee and sub-lessee, sub-lessor and sub-lessee. In some cases, the premium is given and received between lessor and lessee. The lessor have not liability for a premium is given and received between lessee and sub-lessee, sub-lessor and sub-lessee. But the lessor received premium must refund the lessee, if the lessor rescind the contract in the periods for lease.