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Practical Issues and Future Tasks related to the Period of Business Loss Compensation

  • Korea Real Estate Review
  • 2016, 26(4), pp.7-23
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate
  • Published : December 31, 2016

정주희 1,  Kim, Tae Hoon 1,  김원보 2

1한국부동산연구원
2가람감정평가법인

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ABSTRACT

This study aims at examining practical issues through the analysis into the actual conditions of compensation by project operators with regard to the present business loss compensation period, the adjudication cases of the Central Land Tribunal and others, and at suggesting future tasks. The main results can be summarized as follows. First, Korea is now strictly regulating the requirements of compensation in discontinuance of business, yet in the future, subdivided standards in connection with the types of business must be established, and on the other hand, flexible management of the actual period of suspension of business can be another measure. Second, the objective standards to decide on the compensation of an actual period of suspension of business need to be improved through the investigation into the actual condition, judgment by professionals and etc., and as for the meaning of actual period of suspension of business, the legal system should be improved. In addition, in case of the business types whose place can be moved and that can resume their normal activities in a relatively short term, the period of suspension of business within 4 months needs to be applied. Third, in order to decide on the discontinuance of business and the period of suspension of business, project operators need to consult professionals.

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