상가건물의 권리금에 관한 연구

• 영문명: A Study on the Foregift of Business Building
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 權五勝(Oh-Seung Kwon)
• 간행물 정보: 『비교사법』比較私法 제17권 제4호, 111~140쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.12.30

영문 초록

Regarding the relationship of the merchant's lease, in addition to the relationships of landlord and tenant, tents and prior tenants, and the rent deposit among the tenants and others, the reality is that there are many incidents where money is being given and received as nominal Foregift. However as seen from the tragedy case in Yongsan, in some cases, the amount of the Foregift is as much as several hundreds of millions of won and from the evidence that there are numerous cases of disputes regarding the Foregift during lease disputes, it can be concluded that there must be laws regulating the Foregift unlike the western countries where they have the freedom of contract and the government leaves it to the tenants and landlords. By suggesting to improve the cases based on the business building lease protection act, as the Foregift is referred by the precedent first, the Foregift is defined through dividing them into facilities Foregift, places Foregift, and sales Foregift. And in order for the merchants to recover the costs of their investments in such as the Foregift, make the claim reimbursement of expenses a mandatory provision, do not allow the landlord to decline without good reasons in case of transfer of the lease, and if there is a declination, then they must follow the directions of the court, and make it so the duration of the contract must be at least 1 year and the maximum period of contract renewal requirement must be 7 years. These are some of the suggested improvements in the business building lease protection act. These assertions (especially, the part where they must be reimbursed for the Foregift they didn't even paid for) could be viewed as being defending only the merchant, the lease holder's point of view but in western countries (England and France), are already compensating and as a nation, they have the responsibility to promote the commercial activities of the merchant. Additionally, although the merchant is active for his commercial reasons, these business activities of the merchants have contributed greatly to the national economy so when all these things are comprehensively considered, this is more than fair for each others. Therefore, by no means, this is too much for the leaseholder.

목차

Ⅰ. 序論

Ⅱ. 權利金의 槪念定立

Ⅲ. 우리法制에서의 權利金 保護規定과 問題點

Ⅳ. 權利金 保護를 위한 改善方案

Ⅴ. 結論

키워드

권리금 부속물매수청구권 비용상환청구권 퇴거보상 계약갱신요구기간 Foregift Claim for Purchasing Adjuncts Claim for Cost Repayment Compensation for Removal Period of Contract Renewal Requirement