상가건물 임차인의 보호에 관한 법리연구 = Study about protection of tenant at shopping mall building

상가건물 임대차에서 임차인 보호와 관련 법리를 연구했다.

The matters on charterage between lessor and tenant within shopping mall lease, and extension of period at lease, repayment of margin etc have been sustained with troubles, but tenant must have resigned injury in that time since recently civil code has limit at protection of tenant, weak side at economic. The public sentiment of maintenance which is protection tenant at shopping mall building is expanded and each private organization and political parties force to legislate of law code what is protection tenant at shopping mall building so that law is enacted on exemption law and carried into effect.

However, although the benefit and protection of the protection law is different which is profit at economic lives base at office, shopping mall, store etc with a residence object, the law is borrowed at protection law of housing lease on uniformly, so the protection law of shopping mall lease is being offered variety problems. On protection of shopping mall lease, it is impossible that almost leases of operating building are not be protected, so the range of small merchant must be marked clearly in the concrete, and on considering of possibility at all sorts of problem's protections which are expected on complex, fairness profits between lessor and tenant would be planned and they must observe principle of self-administration on their's profit within both concerned sides, and amendment of the law would be promoted following on market economic principle.

It will help small merchants that they could engage in their lives on stable and lessors's profit is secured in the long term so that useless conflicts are go to minimization and the range of small merchant who is tenant in both and limit of rent's rise and fall, interest at conversation of monthly rent etc would be applied and settled flexibility. This law will help that small merchants could engage in their's lives and lessor's law profit would be preserved within long term, and at minimization of useless conflicts, but also the confirming of this related law codes is needed equal since worried in partly about regulation is carried into overplus at market ability and for establishment of fairly transaction order.

And it is expected about government would improve about the codes on early and accordance of reality with acceptance of variety opinions widely.

제1장 서 론 = 1 제1절 연구의 목적 = 1 제2절 연구의 범위 및 방법 = 3 제2장 상가건물 임대차보호법의 기초이론 = 4 제1절 서 설 = 4 Ⅰ.의 의 = 4 Ⅱ.법적 성질 = 5 제2절 상가건물임대차보호제도의 필요성 = 6 제3절 상가건물임대차보호법의 내용 = 7 Ⅰ.입법목적 = 7 Ⅱ.상가건물임대차보호법의 주요내용 = 7 1.적용범위 = 7 2.대항력 = 8 3.등록사항 등의 열람·제공 = 9 4.우선변제권 = 10 5.최우선변제권 = 11 6.임차권등기명령제도 = 11 7.임대차기간 및 임대차갱신요구권 = 12 8.차임 등의 증감청구권 및 월차임 전환시 산정율 = 13 9.전대차관계에 대한 적용 = 14 10.경과조치 = 14 제4절 주택임대차보호법과의 비교 = 14 제5절 외국의 임대차제도에 대한 입법례 = 15 Ⅰ.서 설 = 16 Ⅱ.영국 = 17 Ⅲ.독일 = 18 Ⅳ.프랑스 = 19 Ⅴ.일본 = 20 Ⅵ.소 결 = 20 제3장 상가건물임대차보호법의 문제점 = 22 제1절 보증금의 법리 문제 = 22 Ⅰ.법적 성질 = 23 1.학설 = 23 1)채권질권설 = 23 2)신탁적 소유권양도설 = 23 3)무명계약 = 24 4)상계예약설 = 24 2.판 례 = 24 Ⅱ.보증금의 효력 = 25 1.보증금의 충당 = 25 2.보증금의 증감청구 = 26 Ⅲ.보증금의 문제 = 26 1.임차보증금의 반환확보 = 26 2.보증금의 한계 = 27 제2절 권리금의 법리 문제 = 27 Ⅰ.법적 성질 = 28 Ⅱ.권리금의 발생원인 = 28 Ⅲ.권리금의 법률관계 = 29 1.권리금 수수당사자 = 29 2.권리금 수수