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Method of Enacting Compensation on Goodwill Premium for Commercial Buildings

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 77(), pp.95-114
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Heo, Kang Moo ORD ID 1

1전북대학교

Accredited

ABSTRACT

After a long-held discussion on goodwill premium for commercial buildings, 「Commercial Building Lease Protection Act」 was enacted in 2015 to regulate the definition of goodwill premium and protect the ‘opportunity of retrieving goodwill premium’ for leaseholder. Enactment of goodwill premium for commercial buildings is a part of preparing the instrument for protecting goodwill premium for leaseholders of commercial buildings as a result of the ‘Yongsan Incident’ in 2009, which caused the problem of compensating goodwill premium for commercial buildings. So far, the issue of compensation on goodwill premium was put on a blind spot for the reasons that it has no legal basis and that it is difficult to objectify and calculate the goodwill premium, but it is now facing a new situation due to the enactment of goodwill premium for commercial buildings. As goodwill premium for commercial building includes ‘private utility’ and ‘disposability,’ it fully possesses the factors for the concept of property right under the Constitution. However, goodwill premium for commercial buildings was not fully reflected on business loss compensation for the reason that it has no ground in the Civil Act, causing disputes about the compensation. The current issue with compensation of goodwill premium for commercial building is not that there are no regulations regarding compensation of goodwill premium, but that it is not reached by the concept of just compensation according to the Constitution. Viz, the issue of compensation on goodwill premium deals with the issue of actualizing the compensation of goodwill premium. Based on such critical mind, as a result, this study first aims to review the backgrounds of introducing the policy of goodwill premium and its details in accordance with 「Commercial Building Lease Protection Act」 in Ⅱ, and then study the ideals and reality of enacting compensation on goodwill premium in Ⅲ. In Ⅳ and Ⅴ, it aims to conduct legislation assessment on the legislative proposal of 「Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor」 regarding compensation of goodwill premium for commercial buildings, and present the implications of plans for enacting compensations on goodwill premium for commercial

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