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Subject

A Study on the Analysis of Commercial Building Lessees Behavior for Premium
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상가건물임차인의 행태분석에 관한 연구 : 권리금을 중심으로

논문 기본 정보

Type
Academic journal
Author
Kwon Young-Soo (서일대학)
Journal
Korean Law Association Law Review Vol.39 KCI Accredited Journals
Published
2010.8
Pages
19 - 37 (19page)

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A Study on the Analysis of Commercial Building Lessees Behavior for Premium
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For commercial building lease, lessees of commercial building have separately paid premium other than lease deposit, which this problem for accepting and collecting money has been generally constituted by a contract and commercial practice between dealers, leading to the dispute in the future. It is apparent that this problem of premium can neglect no longer in terms of settling the dispute between owners and lessees of commercial building or in terms of public interests such as urban regeneration project. Because the premium, like lease deposit, is not legalized in the face of great protective value of the property. In other words, although the accepting of money correspond to lease deposit or several times has generalized, the social control has not being handled, and as the lessees of commercial building have not collected the injected capital(or premium) after the end of lease term, they have been suffered heavy losses, which it was the socio-economic unsafe factor. In recent, the extreme collision case of Yongsan tragedy occurred, increasing the seriousness of the problem.
The premium can't be uniformly interpreted, as the cause and contents of its contract are complicated and various, and it is apparent that each case of legal restrictions on it is also not actually feasible. Looking at the issues of dispute or problem in connection with the premium so far, however, the injected capital has not been collected and commercial building lessees' name has been only illegally used one-sidedly before the end of lease term for their irresponsible reasons, which have frequently given way to cases in unfair circumstances when it comes to their position. In the meantime, the Supreme Court sometimes has reached its decision in connection with this, but when making aion with this, but when ma contract without a specific criterion of the cause and contents of a premium contract, it has disapproved the returning of the money for only cause there is no a premium returning contract, which it has been consistent with its negative attid ae toward premium contract of general is no a premium returniativeseems thrd premiis caused y caupoi toward prere is no a definite j aiemiumstandard rhoated to the premium.
In this study, the effective ways to improve the issue related to the returning of the premium may be gone over by making an empirical analysis through a survey of how lessees actually have perceptions of the premium related to commercial building lease, and perceptions of tentatively named Premium Collection Security Insurance suggested in preceding studies at this moment when it's about one year since Yongsan tragedy has been occurred.

Contents

국문요약
Ⅰ. 서설
Ⅱ. 분석의 설계
Ⅲ. 실증분석
Ⅳ. 결 : 시사점
참고문헌
ABSTRACT

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UCI(KEPA) : I410-ECN-0101-2010-360-002804622