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A Brief View on the Enactment of Commercial Right Money

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(1), pp.393-416
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

이경준(Lee, Gyeong-June) 1

1조선대학교

Candidate

ABSTRACT

The premium is the transfer or the using payment of tangible or intangible value, such as sales facility·fixtures, customer, credit·business know-how, business advantage according to the location of commercial building, that a person who does business or who wants to do business in a shopping mall that is a lease object may have, which means the remuneration paid to the landlord or tenant in addition to the security deposit and the rent. The lease merchant invests huge amount of capital and efforts to build a business area where a commercial market is established and a certain profit is guaranteed. In this way, the lenders' own efforts and the least means of recovering capital are the right money. However, due to the concept formed by the practice, the legal rule was insufficient, and the majority of the lease traders were not protected by the right money. Therefore, there is a great need to protect lease merchants through studying the right money. If the tenant can not afford to keep the price on the operating profit lost through the collection of the right money, it is necessary to acknowledge the direct return of the operating facility or profits to protect the tenant's property rights. Among them, the facility investment profit can be recovered by the tenant through the right of claim for repayment of benefits and the right to purchase appendages. However, there are limitations in the current system, so it is necessary to protect the rights of tenants by improving the system. Besides, in the case of operating profit, the lessee should be able to recover by receiving the proper eviction compensation from the landlord. The compensation for eviction should be calculated in consideration of the sales amount, the type of business, the duration of the business up to now, moving expenses, and lost business hours. Compensation for local benefits may also be included in the eviction allowance if certain requirements are met. The right of the tenant to the business is protected indirectly by guaranteeing the right of the tenant to recover the right money, but in the event that it is not recognized, it would be a reasonable way to realize social equity by harmonizing the ownership of the landlord with the right of the tenant through recognizing the recovery of the direct operating profit of the tenant such as receiving the compensation from the landlord who has terminated the lease, based on his or her intention.

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