@article{ART001903805},
author={Min, Tae-Wook},
title={The Essence of Foregift and Public Law Solution},
journal={Public Land Law Review},
issn={1226-251X},
year={2014},
volume={66},
pages={515-535}
TY - JOUR
AU - Min, Tae-Wook
TI - The Essence of Foregift and Public Law Solution
JO - Public Land Law Review
PY - 2014
VL - 66
IS - null
PB - Korean Public Land Law Association
SP - 515
EP - 535
SN - 1226-251X
AB - Foregift for store is widely spreaded business practice in korea. New lessee pays foregift to former lessee for business premium. The amount that the new lessee pays is very large amount even which reachs to hundred millions. Lessee who paid foregift wants to recollect the money from new lessee who rents the store. But it is uncertain because in the lease contact lessor prohibits foregift receiving. The business practice and legal order for foregift is conflict, which cause many troubles. So many scholars insist that the foregift should be protected by law. But legal protection for foregift has many legal problems because it require lessors who has no responsibility for foregift to play major role. Before preparing legal protection, it is necessary to examine that current foregift system is worth keeping. Many people believe that foregift is the price of location, or business premium, or facilities of store. But the profit for location is reflected in rent that is belong to lessor not former lessee. Former lessee can receive the foregift for business premium if he pass the know-how which earns extra profit to new lessee. Only reasonable price for business premium or facilities is deserve for protection. Current foregift which is traded in market is too high compare to reasonable price. So it is need to correct current foregift system. First, foregift that is now evaded by concealment should be taxed by the principle of substantial taxation. Second, foregift trade is controled by Licensed Real Estate Act. If former lessee want to receive foregift, he should submit evidentiary material that make reasonable calculation to real estate agent.
KW - foregift for store;location profit;business premium;legitimacy;taxation
DO -
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Min, Tae-Wook. (2014). The Essence of Foregift and Public Law Solution. Public Land Law Review, 66, 515-535.
Min, Tae-Wook. 2014, "The Essence of Foregift and Public Law Solution", Public Land Law Review, vol.66, pp.515-535.
Min, Tae-Wook "The Essence of Foregift and Public Law Solution" Public Land Law Review 66 pp.515-535 (2014) : 515.
Min, Tae-Wook. The Essence of Foregift and Public Law Solution. 2014; 66 515-535.
Min, Tae-Wook. "The Essence of Foregift and Public Law Solution" Public Land Law Review 66(2014) : 515-535.
Min, Tae-Wook. The Essence of Foregift and Public Law Solution. Public Land Law Review, 66, 515-535.
Min, Tae-Wook. The Essence of Foregift and Public Law Solution. Public Land Law Review. 2014; 66 515-535.
Min, Tae-Wook. The Essence of Foregift and Public Law Solution. 2014; 66 515-535.
Min, Tae-Wook. "The Essence of Foregift and Public Law Solution" Public Land Law Review 66(2014) : 515-535.
