If you lease a commercial property with a short contract period of about six months or one year and include a clause in the contract stating, "This contract is a lease for temporary use and is not subject to the Commercial Building Lease Protection Act," can you actually avoid the application of the Act? To start with the conclusion…

Continue ReadingReal Estate Law: “I will use it for just six more months”… Are short-term extensions protected under the Commercial Building Lease Act?

Court Standards for Determining Ordinary Wear and Excessive Damage One of the most frequent disputes between landlords and tenants upon the termination of a lease agreement is the issue of restoration to the original condition. Particularly in the case of commercial leases, demolition and restoration costs amounting to tens of millions of won…

Continue ReadingReal Estate Law: 'Restoration to Original Condition' Upon Termination of Lease, To What Ends Is the Tenant's Responsibility?

Why am I not protected even though the contract has changed? The true significance of business registration in commercial leases. Disputes surrounding commercial leases are more diverse than one might think. While various conflicts arise, such as issues with the return of security deposits, disputes over key money, refusal of contract renewal, and eviction lawsuits, among them, many people…

Continue ReadingReal Estate Law: Business Registration Precautions to Check When Modifying a Lease Agreement

When consulting on commercial leases, I often get this question: "We don't have a business registration, but rather a unique identification number. Does the Commercial Lease Protection Act apply?" There are usually two groups of people who ask this question. Landlords expect the law won't apply, while tenants are concerned, asking, "Is there any protection?"

Continue ReadingReal Estate Law: Applicability of the Commercial Lease Protection Act to Businesses with Unique Numbers

The starting point of the problem: Should electricity be provided even if rent isn't paid? When a commercial lease dispute arises, both landlords and tenants can easily become emotional. Especially when a tenant is long overdue for rent or avoids contact, the landlord feels compelled to at least cut off the electricity...

Continue ReadingReal Estate Law: Can Tenants Who Are Late on Rent Be Disconnected?

When renting a commercial space and running a business, significant expenses are incurred, including interior design, kitchen facilities, and signage. However, disputes often arise over what to do with these facilities when the lease expires. The landlord demands, "Restore it to its original condition," while the tenant insists, "Just leave it as is..."

Continue ReadingReal Estate Law: Tenants' Right to Purchase Accessories That They Often Miss

The hospital's welfare center is a vital space, providing convenience to medical staff, patients, and visitors. Consequently, many people seek to lease space within the building to start a business. When considering opening a cafe, convenience store, or restaurant, the question arises:

Continue ReadingReal Estate Law: Does the Commercial Lease Protection Act apply to a business located in a hospital welfare center building?

One of the biggest concerns for tenants doing business in a commercial building is whether they will be able to keep their deposit when the building is auctioned due to the building owner’s circumstances. The money they have saved over a long period of time can disappear in an instant during the auction process…

Continue ReadingReal Estate Law: Don't Fall into the Trap of Leased Building Auctions and Distribution Requests

You are using a commercial building for rent, but the landlord dies during the contract period. After looking into it, the landlord's heirs are A, B, and C. In this case, can you continue to use and benefit from the commercial building? If the contract period ends, who will receive the rental deposit?

Continue ReadingReal Estate Law: Legal Relations in Case of Death of Tenant During Lease Agreement Period of Commercial Building