Advisory Case on the Review of Special Terms in a Lease Agreement

1. The Client's Situation

The client requested a legal review of the effect and risk of a special provision included in a commercial building lease agreement, which allowed the landlord, if the tenant delayed vacating, to dispose of the tenant's fixtures and supplies at will or to block access to the building.

Based on Supreme Court precedents and recent lower-court precedents, we confirmed that a special provision allowing the landlord to exclude the tenant's possession or dispose of the tenant's property at will is void as a violation of public order and good morals under the Civil Act. We also explained that, under the mandatory provisions of the Commercial Building Lease Protection Act, an agreement that excessively restricts the tenant's rights or causes the tenant to waive them is likewise without effect. In addition, we emphasized that if the landlord were actually to proceed with such enforcement, it could give rise not only to civil liability for damages but also to criminal liability for trespass, destruction of property, and obstruction of business.

Recognizing that maintaining the special provision would create excessive legal risk, the client decided to amend the contract and shift to a method of securing eviction through lawful procedures. Through this, the client was able to prevent unnecessary disputes and criminal risk, and to establish a stable response framework in the course of lease management.