상가건물임대차상 권리금계약의 통제

The problem of foregift is not just an issue in the area of civil law but also in the area of public law. Foregift is received based on an unofficial contract. However, owing to the ambiguous relationship between the rights, the disputes about the collection and compensation of the foregift would become a social issue. In this article, I summarized the existing legal system and the arguments as to what the Foregift is. In most of the cases, The problem of foregift is formed on the basis of three interested parties (which are a leaseholder, a previous tenant and a new tenant). First of all, as the Supreme Court has defined the concept and types of foregift. The most important point of this problem is willing to accept the claim for restoration. It is generally believed that foregift cannot be returned at the due of contract. In this matter, the Supreme Court has determined as follows; Foregift was not returned without special reasons in due, either. But I think that the decision is a little misguided view. Meanwhile, in order to change the administration which do not compensate the foregift of the commercial lease, it is necessary to regulate a shop tenancy and its combinated goodwill as the valuation methods should be regulated in the Act. In order to guarantee the stability and transferability of the shop tenancy, it is required to control the commercial lease landlord’s restrictions on the transfer under good causes through the amendment of the Commercial Buildings Lease Protection Act. In any case, this article is focused on legal feature of the foregift, and protection way for the economic weak. And then, I insisted that foregift should be compensated to obtain fair compensation through the amendment of the Commercial Buildings Lease Protection Act.