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Commercial Building Lease Protection Act — Article 10-4 (Protection of opportunity of collecting premiums)

상가건물 임대차보호법 제10조의4

(1) No lessor shall obstruct any lessee in receiving any premium pursuant to a premium contract from a person arranged by the lessee to become a new lessee, by committing any of the following acts from six months prior to the expiry of the lease period until the end of the lease; provided, the same shall not apply where any of the grounds set forth in the subparagraphs of Article 10(1) exists: <Amended on Oct. 16, 2018>

1. Requesting a person arranged by the lessee to become a new lessee to pay premiums; or receiving premiums from a person arranged by the lessee to become a new lessee;

2. Preventing a person arranged by the lessee to become a new lessee, from paying a premium to the lessee;

3. Requesting a person arranged by the lessee to become a new lessee, to pay remarkably large-amount of rents and deposits, compared with the tax on a commercial building, public charges, rents and deposits of surrounding commercial buildings and other charges;

4. Refusing to conclude a lease contract with a person arranged by the lessee to become a new lessee, without good cause.

(2) In any of the following cases, good cause prescribed in paragraph (1)4 shall be deemed to exist:

1. Where a person arranged by the lessee to become a new lessee, cannot afford to pay deposits or rents;

2. Where a person arranged by the lessee to become a new lessee, is likely to violate the duty of a lessee or any reasonable ground exists, which makes it impracticable to maintain lease;

3. Where the subject-matter of the lease is a commercial building and has not been used for commercial purposes for at least 18 months;

4. Where a new lessee selected by the lessor concludes a premium contract with the lessee and pays premiums.

(3) Where a lessor violates paragraph (1), incurring any loss to a lessee, he or she shall be liable to compensate for such loss. In such cases, damages shall not exceed the lesser amount of a premium to be paid to a lessee by a new lessee and premium as at the time when the lease expires.

(4) Claim for damages to a lessor pursuant to paragraph (3) shall expire by completion of prescription if it is not exercised within three years from the date when the lease expires.

(5) A lessee shall provide information to the lessor, to the best of his or her knowledge, on the financial capacity of the person arranged by the lessee to become a new lessee, such person’s willingness and ability to pay deposits and rents and to perform duties as a lessee.[This Article Added on May 13, 2015]

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