상가권리금에 대한 손해배상의 범위에 관한 연구

In order to prevent the infringement of collecting the premium for lessee, the Commercial Building Lease Protection Act, Article 10-3 and 10-8 were newly established. However, the standard is not clear because the Supreme Court did not judge the amount of damages of the lessee for commercial building premium. Since the establishment of the above new provision, the purpose is focused on arrange the scope of the damages as early as possible, based on the judgment of the lower courts. Three areas of compensation for damage were studied. The first is whether the judgment is valid. Because of the reason that the lessee has the proprietary about part of above tangible property, the court did not estimate compensation. the damage of lessee is caused by the interference of lessor. Therefore, tangible property shall be calculated as compensation for damages. Second, there was a case in which the lessor proposes 50% of amount of compensation for damages to lessee, whether the above proposal is applicable. the reduction of damages shall not be allowed unless special circumstances exist. The third is whether the interest for the compensation for damages will be applied 5% annually from the date of lawsuit until the date of sentence, or 15% annually. it will be reasonable to apply 5% annually.