商家建物賃貸借에 관한 硏究

• 영문명: A Study on the Business Building Lease
• 발행기관: 한국재산법학회
• 저자명: 고형석(Ko Hyoung-Suk)
• 간행물 정보: 『재산법연구』재산법연구 제22권 제3호, 153~186쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.02.01

영문 초록

The Business Building Lease Protection Act was enacted to protect a business building leaseholder in 2001 provides for special provisions about the business building lease. But contents of this act are insufficient for protecting leaseholder and protect excessively leaseholder in part. Therefore, this act must be reformed as following. (1) In scope of application, a business building lease on this act must be changed into a building lease because this Act is not applicable to a building leaseholder to the pursuit of a nonprofit. (2) A delivery of business building and a request for business declaration that is a qualification for acquiring the opposing power must be changed into the registration of lease. (3) A proviso of article 8 providing that a right of lease doesn't become extinct if a leaseholder hasn't a guarantee satisfied in the action must be deleted because of a excessive protection of leaseholder. (4) Reasons of refusal on leaseholder's renewal must be subdivided into reasons of termination and reasons of refusal. (5) In case of a implied renewal, a period of lease must be regarded as not a year but without term. So it must be admitted that a lessor can terminate a lease.

목차

Ⅰ. 序論

Ⅱ. 同法의 適用範圍

Ⅲ. 賃借權의 存續保障

Ⅳ. 保證金返還請求權의 保障

Ⅴ. 結論

참고문헌