상가건물에 있어서의 업종제한의 약정

• 영문명: Contract on the restriction of the business classification in shopping buildings
• 발행기관: 한국민사법학회
• 저자명: 배병일(Bae, Byung-Il)
• 간행물 정보: 『민사법학』제33호, 265~294쪽, 전체 30쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2006.09.30

영문 초록

The restriction of the business classification in shopping buildings is a special matter in Korea, it can t be seen in the other countries. This restriction don t violate the freedom of selecting a job and the freedom of property rights in the Korean Constitution. And then it is not against the provision 103 of the Civil Law, and unfair transactions in Anti-Trust and Fair Trade Act, and is not contrary to the principle of trust and good faith in Regulation of Standardized Contracts Act. The types of restriction of the business classification are two, regulations (standardized contract) established by management body and contract agreed by the vendor and vendee. This article stated legal problems of the contract between vendor of store and vendee, between vendee of store and resident merchant served stand behind the counter, between vendor of store and resident merchant. If the vendee is aware of the existing contract of restriction of the business classification with vendor, the vendee and resident merchant implicitly agreed with the contract of compliance with burden. Thus, the vendee of store who received benefits of restriction of the business classification made a claim on business restriction, claim on compensations for damages, claim on provisional disposition of the business prohibition. Also, the resident merchant who received benefits of restriction request the same claims.

목차

Ⅰ. 문제의 제기

Ⅱ. 업종제한에서의 업종 및 제한의 종류

Ⅲ. 업종제한의 약정에 관한 법률관계

Ⅳ. 결론

키워드

업종제한 집합건물 분양자 수분양자 영업금지 금지청구 업종제한 준수의무 restriction of the business classification aggregate buildings vendor(seller) vendee(purchaser) prohibition of business claim for prohibition