상가 재개발시 권리금의 보상에 관한 연구

• 영문명: A Study on Compensation of Goodwill in Retail Store Redevelopment
• 발행기관: 한국도시부동산학회(구.도시정책학회)
• 저자명: 박준모 Lee, Hee-Jung
• 간행물 정보: 『도시부동산연구』5권 2호, 57~74쪽, 전체 17쪽
• 주제분류: 사회과학 > 행정학
• 파일형태: PDF
• 발행일자: 2014.10.30

영문 초록

Current law or the Supreme Court precedent doesn’t recognize goodwill in retail store as a legal right. Accordingly, when tenants transfer the right of lease, the goodwill, which was paid to the former tenants, is not the right for the compensation. When the retail store is under redevelopment, the issue is if the tenants have any right for compensation in the goodwill. Firstly, the goodwill decided by location factor reflects effects accidently accrued by external factors and it is not the benefit or right that is free to be disposed. Accordingly, it is not the object of compensation when the retail building is under redevelopment. Secondly, the goodwill decided by facility factor can be compensated by appraisal and assessment of existing and new facility when tenants have newly invested something on facilities. Accordingly, there is no room for raising any issue of compensation when retail building is under redevelopment. Thirdly, the goodwill decided by business factor could be the object of compensation as tenants’ business rights only when the tenants have generated supplementary benefit with their own investment and trial. To provide specific compensation, the legal basis specified in the clause 3 of article 23 in the Constitution should be provided in advance. In addition, it is necessary to consider carefully the introduction of compensation for removal enforced in U.K. and France with the recognition of tenants’ legal right for business right. In case of introducing the compensation for removal, compensation law needs to be revised in such a way that compensation conforming with the compensation for removal is to be provided to tenants of retail building

목차

Ⅰ. 서론

Ⅱ. 재개발사업에서 상가권리금에 대한 보상현실

Ⅲ. 상가권리금에 대한 이론적 고찰

Ⅳ. 상가권리금에 대한 보상의 문제

Ⅴ. 결론

키워드

상가권리금의 보상 입지요소에 의한 권리금 시설요소에 의한 권리금 영업요소에 의한 권리금 Compensation of Goodwill in Retail Store Goodwill by Location Factor Goodwill by Facility Factor Goodwill by Business Factor