Article 10, Paragraph 2 of the Commercial Building Lease Protection Act (hereinafter referred to as “this Act”) stipulates that “the tenant’s right to request renewal of the contract may be exercised only within the scope where the total lease period, including the initial lease period, does not exceed 10 years.” The landlord and tenant…

Continue ReadingReal Estate Law: The First Lease

Article 11 of the Commercial Building Lease Protection Act (hereinafter simply referred to as “this Act”) provides for the right to claim an increase or decrease in rent. The right to claim an increase or decrease in rent pursuant to Article 11 of this Act is significantly against justice and equity, as it is against justice and equity to bind the parties with the agreed rent due to an increase or decrease in public duties on the leased property or changes in economic circumstances.

Continue ReadingReal estate law: Right to claim increase or decrease in rent and changes in economic circumstances

In order to obtain preferential repayment rights for the rental deposit under the Commercial Building Lease Protection Act (hereinafter simply referred to as “this Act”), in addition to obtaining the counter requirements, a confirmed date must be met on the lease agreement. If only the counter requirements are obtained, a defense of simultaneous performance against the purchaser's transfer request may be made until the deposit is returned...

Continue ReadingReal estate law: Confirmed date in the lease agreement

In cases where the Commercial Building Lease Protection Act (hereinafter simply referred to as “the Act”) applies to the Commercial Building Lease Protection Act (hereinafter simply referred to as “this Act”) and claims opposition under this Act for the purpose of receiving preferential payment over other creditors, even though the business is not actually rented and business is conducted, such impersonation The right to oppose the tenant should not be recognized...

Continue ReadingReal Estate Law: Head Tenant

According to the Commercial Building Lease Protection Act (hereinafter simply referred to as “this Act”), a lessor does not necessarily have to be the owner of the leased building, and a person who has the right to dispose of the leased building or has lawful rental authority can also become a lessor. The lessor is the sole owner of the subject matter of the lease...

Continue ReadingReal Estate Law: Commercial Building Lease Protection Act and Landlords

The Commercial Building Lease Protection Act (hereinafter simply referred to as “this Act”) applies to “commercial buildings.” This law applies to leases of commercial “buildings.” Therefore, even if it is a lease of a place used for business, if the object of the lease is not recognized as a building...

Continue ReadingReal estate law: commercial buildings and factories and warehouses