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Urban Rehabilitation Project and Foregift Compensation

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 82(), pp.21-40
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : April 30, 2018
  • Accepted : May 14, 2018

Lee,Heon-Seok 1

1서원대학교

Accredited

ABSTRACT

Although requirement for Foregift has been customarily common in the rental or buying shop buildings, there is neither Act nor rule which regulates building Foregift in current law. The problem caused by Foregift 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. After a long-held discussion on Foregift for commercial buildings, Commercial Building Lease Protection Act was enacted in 2015 to regulate the definition of Foregift and protect the ‘opportunity of retrieving Foregift’ for leaseholder. Enactment of Foregift for commercial buildings is a part of preparing the instrument for protecting Foregift for leaseholders of commercial buildings as a result of the ‘Yongsan Incident’ in 2009, which caused the problem of compensating Foregift for commercial buildings. However, Foregift 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 Foregift for commercial building is not that there are no regulations regarding compensation of Foregift, but that it is not reached by the concept of just compensation according to the Constitution. Viz, the issue of compensation on Foregift deals with the issue of actualizing the compensation of Foregift. Although business Foregift is a valuable goodwill belonging to lessee, because it is transacted in a combination with facilities Foregift 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.

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