Law Viewer

Back Home

ENFORCEMENT DECREE OF THE COMMERCIAL BUILDING LEASE PROTECTION ACT

Presidential Decree No. 19507, jun. 12, 2006

Amended by Presidential Decree No. 20970, Aug. 21, 2008

Presidential Decree No. 21988, Jan. 11, 2010

Presidential Decree No. 22151, May 4, 2010

Presidential Decree No. 22283, Jul. 21, 2010

Presidential Decree No. 17757, Oct. 14, 2010

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23807, May 23, 2012

Presidential Decree No. 25036, Dec. 30, 2013

Presidential Decree No. 26637, Nov. 13, 2015

Presidential Decree No. 28611, Jan. 26, 2018

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Commercial Building Lease Protection Act and matters necessary for enforcement thereof. <Amended by Presidential Decree No. 20970, Aug. 21, 2008; Presidential Decree No. 22283, Jul. 21, 2010>
 Article 2 (Scope of Application)
(1) Amount of security deposit “prescribed by Presidential Decree” described in the proviso to Article 2 (1) of the Commercial Building Lease Protection Act (hereinafter referred to as the "Act") means the following amounts: <Amended by Presidential Decree No. 20970, Aug. 21, 2008; Presidential Decree No. 22283, Jul. 21, 2010; Presidential Decree No. 25306, Dec. 30, 2013; Presidential Decree No. 28611, Jan. 26, 2018>
1. Seoul Metropolitan City: 610 million won;
2. Overpopulation control area prescribed in the Seoul Metropolitan Area Readjustment Planning Act (excluding the Seoul Metropolitan City) and Busan Metropolitan City: 500 million won;
3. Metropolitan city (excluding areas included in the overpopulation control areas prescribed in the Seoul Metropolitan Area Readjustment Planning Act; Guns; and Busan Metropolitan City), Sejong Special Self-Governing City, Paju city, Hwaseong city, Ansan city, Yongin city, Gimpo city and Gwangju city: 390 million won;
4. Other areas: 270 million won.
(2) Where any rent exists other than deposits, as described in Article 2 (2) of the Act, the rental amount shall be calculated on a monthly basis.
(3) "Rate prescribed by Presidential Decree" in Article 2 (2) of the Act means 1/100. <Amended by Presidential Decree No. 22283, Jul. 21, 2010>
 Article 3 (Matters to be Entered in the Fixed Date Register)
(1) Any lessee who possesses the original document of the lease contract certificate of commercial buildings may apply for assigning the fixed date with the head of a tax office having the jurisdiction over the commercial buildings pursuant to Article 4 (1) of the Act: Provided, That, in cases of business operators to whom per-business unit taxation is imposed pursuant to Article 8 (3) of the Value-Added Tax Act, they may apply for assignment of a fixed date with the head of a tax office having jurisdiction over the headquarters or main office of the relevant business operators.
(2) The fixed date shall be assigned in such a manner that the head of a tax office (hereinafter referred to as "the head of the competent tax office"), upon receipt of an application for assignment of the fixed date pursuant to paragraph (1), indicates the number of the fixed date, the date when the fixed date is assigned and the head of the competent tax office in the original document of a lease contract certificate of commercial buildings and affixes an official seal thereon.
(3) The head of the competent tax office shall assign a new fixed date, depending on the application filed by a lessee, where a lease contract is revised or renewed.
(4) The head of the competent tax office shall enter the following matters in the fixed date register pursuant to Article 4 (2) of the Act:
1. Number of the fixed date;
2. The date when the fixed date is assigned;
3. Personal information of the lessor and the lessee:
a. In cases of natural persons: Name or resident registration number (foreign registration number in cases of foreigners);
b. In cases of corporations: Name of the corporation, name of the representative or the corporate registration number;
c. In cases of groups, other than corporations: Name of the group, name of the representative, business registration number or identification number;
4. Trade name and business registration number, provided for in Article 3 (1) of the Act, of the lessee;
5. The location of the commercial building, subject-matter of the lease and the size thereof;
6. Period of the lease;
7. Deposits or rents.
(5) Except as expressly prescribed in paragraphs (1) through (4), matters necessary for assigning the fixed date shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 26637, Nov. 13, 2015]
 Article 3-2 (Scope of Interested Parties)
Parties interested in the lease of commercial buildings who can request information (hereinafter referred to as "interested parties") pursuant to Article 4 (3) of the Act shall be any of the following:
1. Lessor or lessee of a lease contract of the relevant commercial building;
2. Owner of the relevant commercial building;
3. Persons specified by Ordinance of the Minister of Justice, from among rightful claimants recorded in the register of the relevant commercial building or the land thereof;
4. Financial institutions, etc. which have succeeded to the right to preferential payment pursuant to Article 5 (7) of the Act;
5. Any person who has the status or right corresponding to that of a person specified in subparagraphs 1 through 4, who has received the judgement of a court with regard to the provision of the lease information.
[This Article Newly Inserted by Presidential Decree No. 26637, Nov. 13, 2015]
 Article 3-3 (Scope of Information which can be Requested by Interested Parties, etc.)
(1) The party to a lease contract prescribed in subparagraph 1 of Article 3-2 may apply for the perusal or delivery of a document in which the following matters are entered, with the head of the competent tax office:
1. Personal information of a lessor or lessee (referring to information prescribed in Article 3 (4) 3: Provided, That, in cases of resident registration numbers or foreign registration numbers, it is limited to the first six numbers);
2. Location of the commercial building, subject-matter of the lease or size thereof;
3. The date when the application for business registration is filed;
4. Deposits, rents or period of the lease;
5. The date when the fixed date is assigned;
6. Where the lease contract is revised or renewed, the date when the lease contract is revised or renewed, the date when a new fixed date is assigned, revised deposits or rents or the period of the lease;
7. Other matters prescribed by Ordinance of the Minister of Justice.
(2) Interested parties, other than the parties to a lease contract, or any person who intends to conclude a lease contract may apply for the perusal or delivery of a document, in which the following matters are entered, with the head of the competent tax office:
1. Location of the commercial building, subject-matter of the lease or the size thereof;
2. The date when an application for business registration is filed;
3. Deposits, rents or the period of the lease;
4. The date when the fixed date is assigned;
5. Where the lease contract is revised or renewed, the date when the lease contract is revised or renewed, the date when a new fixed date is assigned, revised deposits or rents or the period of the lease;
6. Other matters prescribed by Ordinance of the Ministry of Justice.
(3) Except as expressly prescribed in paragraphs (1) and (2), matters necessary for provision of information on lease, etc. shall be prescribed by Ordinance of the Ministry of Justice.
[This Article Newly Inserted by Presidential Decree No. 26637, Nov. 13, 2015]
 Article 4 (Standards for Requests for Increase of Rents, etc.)
A request for increasing rents or deposits prescribed in Article 11 (1) of the Act shall not exceed 5/100 of the rents or deposits as at the time when the request is made. <Amended by Presidential Decree No. 20970, Aug. 21, 2008; Presidential Decree No. 28611, Jan. 26, 2018>
 Article 5 (Calculation Rate in Cases of Change into Monthly Rates)
(1) "Rate prescribed by Presidential Decree" prescribed in subparagraph 1 of Article 12 of the Act means 12 percent per annum.
(2) "Multiple prescribed by Presidential Decree" prescribed in subparagraph 2 of Article 12 of the Act means 4.5 times.
[This Article Wholly Amended by Presidential Decree No. 25036, Dec. 30, 2013]
 Article 6 (Scope of Lessees Subject to Preferential Payment)
Any lessee subject to preferential payment pursuant to Article 14 of the Act shall be a lessee for whom the total of sums converted pursuant to Article 2 (2) of the Act is not more than the following amounts, where there are deposits and rents: <Amended by Presidential Decree No. 20970, Aug. 21, 2008; Presidential Decree No. 22283, Jul. 21, 2010; Presidential Decree No. 25036, Dec. 30, 2013>
1. Seoul Metropolitan Area: 65 million won;
2. Overpopulation control area prescribed in the Seoul Metropolitan Area Readjustment Planning Act (excluding Seoul Metropolitan Area): 55 million won;
3. Metropolitan city (excluding areas included in the overpopulation control areas prescribed in the Seoul Metropolitan Area Readjustment Planning Act and Gun areas), Ansan city, Yongin city, Gimpo city and Gwangju city: 38 million won;
4. Other areas: 30 million won.
 Article 7 (Scope, etc. of Deposits subject to Preferential Payment)
(1) The scope of the fixed amount, from among deposits subject to preferential payment, pursuant to Article 14 of the Act shall not exceed the following amounts: <Amended by Presidential Decree No. 20970, Aug. 21, 2008; Presidential Decree No. 22283, Jul. 21, 2010; Presidential Decree No. 25036, Dec. 30, 2013>
1. Seoul Metropolitan Area: 22 million won;
2. Overpopulation control area prescribed in the Seoul Metropolitan Area Readjustment Planning Act (excluding Seoul Metropolitan Area): 19 million won;
3. Metropolitan city (excluding areas included in the overpopulation control areas prescribed in the Seoul Metropolitan Area Readjustment Planning Act and Gun areas), Ansan city, Yongin city, Gimpo city and Gwangju city: 13 million won;
4. Other areas: 10 million won.
(2) Where the fixed amount, from among deposits of lessees, exceeds 1/2 of the value of a commercial building, the right to preferential payment is valid only for the amount corresponding to 1/2 of the value of the commercial building. <Amended by Presidential Decree No. 25036, Dec. 30, 2013>
(3) Where at least two lessees are leasing in a commercial building and the total of the fixed amounts, from among respective deposits, exceeds 1/2 of the value of the commercial building, the amount remaining after dividing the amount corresponding to 1/2 of the value of the commercial building by the ratio of the fixed amount, among deposits of each lessee, to the total sum of the fixed amount, among such respective deposits, shall be deemed the fixed amount among deposits of each lessee. <Amended by Presidential Decree No. 25036, Dec. 30, 2013>
 Article 8 (Handling Unique Identification Information)
The head of the competent tax office may handle data including foreign registration numbers and resident registration numbers prescribed in subparagraphs 1 and 4 of the Article 19 of the Enforcement Decree of the Personal Information Protection Act, when essentially necessary for performing duties concerning assigning the fixed date pursuant to Article 4 of the Act. <Amended by Presidential Decree No. 25036, Dec. 30, 2013; Presidential Decree No. 26637, Nov. 13, 2015>
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on November 1, 2002.
(2) (Transitional Measures concerning Application for Fixed Date by Existing Lessees) Anyone who intends to file an application for a fixed date in a lease contract pursuant to paragraph (3) of the Addenda of the Act after this Decree is promulgated shall present a business registration certificate along with a lease contract.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20970, Aug. 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
A commercial building lease contract which exists as at the time this Decree enters into force shall be governed by the former provisions: Provided, That this shall not apply to the amended provisions of Article 4.
ADDENDUM <Presidential Decree No. 21988, Jan. 11, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22283, Jul. 21, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2010: Provided, That the
amended provisions of No 2. Form of the attached paper shall enter into force on September 26, 2010.
Article 2 (Transitional Measures)
(1) A commercial building lease contract which exists as at the time this Decree enters into force shall be governed by the former provisions.
(2) Anyone who has acquired the actual right granted by way of security against a leased building before this Decree enters into force shall be governed by the former provisons.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation (Proviso Omitted).
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23807, May 23, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation
Article 2 (Transitional Measures concerning Change of Forms)
The form made pursuant to the former provisions as at the time this Decree enters into force may be used along with forms pursuant to this Decree by no later than August 31, 2012.
ADDENDA <Presidential Decree No. 25036, Dec. 30, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2014.
Article 2 (Applicability concerning Scope of Application)
The amended provisions of Article 2 shall apply, beginning with the first commercial building lease contract which is concluded or renewed after this Decree enters into force.
Article 3 (Applicability concerning Restrictions on Calculation Rate in Cases of Change into Monthly Rates)
The amended provisions of Article 5 shall also apply to a commercial building lease contract which exists as at the time when this Decree enters into force, and they shall apply, beginning with the first change of the whole or part of deposits into monthly rents after this Decree enters into force.
Article 4 (Applicability concerning Protection of Small Amount of Deposit)
The amended provisions of Articles 6 and 7 shall also apply to a commercial building lease contract which exists as at the time when this Decree enters into force, and any person who has acquired the real right granted by way of security before this Decree enters into force shall be governed by the former provisions.
ADDENDUM <Presidential Decree No. 26637, Nov. 13, 2015>
This Decree shall enter into force on November 14, 2015.
ADDENDA <Presidential Decree No. 28611, Jan. 26, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Scope of Application)
The amended provisions of Article 2 shall apply, beginning with the first commercial building lease contract which is concluded or renewed after this Decree enters into force.
Article 3 (Applicability concerning Standards for Requests for Increase of Rents, etc.)
The amended provisions of Article 4 shall also apply to commercial building lease contracts existing as at the time this Decree enters into force.