상가권리금 법제화 및 공법상 영업손실보상에 관한 검토

Abstract

Although requirement for premium has been customarily common in the rental or buying shop buildings, there is neither Act nor rule which regulates building premium in current law. Because disputes from building premium should depend on the court decision in many cases, it is one of the most important public projects to legislate the Act to prevent the premium loss in shop tenants. The problem caused by premium is one of the important issues to settle in the area of compensation in Urban Environmental Improvement Project including reconstruction and redevelopment projects in public law as well as in private law. The accelerated urban redevelopment project resulted frequently in loss of premium to threaten the right to live in tenants, and the compensation for shop tenant became an important policy project, which was derived from the necessity to set appropriate standards to compensate shop tenant for their loss. While reformation project has positive effects such as contribution to the expansion of urban infrastructure and residential environment improvement, it could bring about unexpected ill effects such as Yongsan conflagration accident. Therefore, it is necessary to make law to prevent ill effects and to compensate shop tenants for the loss of business and premium in the progress of public works or reformation projects. Additionally, it is also necessary to examine precisely if current urban reformation project is planned to promote the profits of business project operator and partner of an association, and if standards of compensation are favorable for the business project operator implementor, not for tenants. It would be resonable and consistent with fairness doctrine to distribute a profit to shop tenants as fair compensation for premium loss caused by the public project. Because it is very difficult to compensate practically the building premium without the legal basis, it is necessary to legislate laws to guarantee the compensation for building premium currently existing in the blind area from the law, to promote legal fair trade of shop building, and to minimize the unfair loss of shop tenants through the effective management. Although business premium is a valuable goodwill belonging to lessee, because it is transacted in a combination with facilities premium and the right of lease even in current Compensation Act, it should be valuated reasonably for the fair compensation separately from tenancy. In addition, it is expected that implementing the amendment of the Commercial Buildings Lease Protection Act would contribute to the stable economic activities in people through establishment of coordinate legal system and promotion of active business.