It is the practice in Korea to receive commercial building premium when signing lease contract on commercial building. This practice is not ruled judicially or by public law. However, business custom and Supreme Court cases approved this practice.
Wh...
It is the practice in Korea to receive commercial building premium when signing lease contract on commercial building. This practice is not ruled judicially or by public law. However, business custom and Supreme Court cases approved this practice.
When signing a commercial building lease contract and premium contract jointly or separately, there is no laws and regulations of real estate commission on receipt of premium other than payment of ordinary commission. There is no method of calculation of commission on premium and a better idea on this issue has not come up yet.
Premium is a problematic issue because it is not declared and due to the deficiency of law. Also another issue is the basis of calculation and breakdown of premium is not clear. After all, all these issues are due to laws and regulations which are not properly modified.
This analysis is to propose introduction of commission on premium and to make foundation and regulation for just payment of commission by introducing calculation method. This can prevent a leaseholder from being damaged or given burden by doing approving transaction.
Therefore, this study is designed to analyze commercial building premium and present condition and issues of commission system after reviewing outline of commercial building premium and brokerage system. Also it is designed to suggest the introduction of plan of calculation method and commission on commercial building premium after reviewing Supreme Court cases.
The value of this research is to suggest method of legislation for proper payment of commission by adding the payment of commission by multiplying conversion deposit and brokerage rate, and by calculating certain rate of premium(determined by the City of Seoul Ordinance according to Ordinance of Ministry of Land, Transport and Maritime Affairs) multiply brokerage maximum rate 0.9%.
In conclusion, this research suggests a plan of introduction of real estate commission and method of calculation on commercial building premium and the outline of a plan are as follows:
First, the practice of commission payment on commercial building premium charged by business custom must be modified and introduced into positive law.
Second, commission on commercial building premium = (a conversion deposit + premium) × 0.9% of fixed real estate commission rate method must be introduced.
Third, method of premium calculation breakdown must be introduced on commercial building transfer contract.
Fourth, the creation of a real right of commercial building premium and public announcement system must be introduced when a fixed date is given on commercial building lease contract.
Fifth, modification of laws and regulations to solve disputes on commercial building premium is required.
Key Words : commercial building rental, commercial building premium, conversion deposit, real estate brokerage, introduction of commission, method of calculation of commission, cases analysis of commercial building premium