상가건물 재개발·재건축과 권리금의 보호

This study examines whether the protection of infringement premium is properly performed when premium is infringed by redevelopment/reconstruction. The current appraisal practice, which reflects facility costs, etc., when calculating compensation for business is not a fundamental solution to the premium compensation problem. Therefore, I proposed to improve the system so that the just compensation for the premium itself was achieved. In other words, in the case of redevelopment and reconstruction of a commercial building as part of a public utility project or urban redevelopment project, the Land Compensation Act provides for compensation for the premium of commercial tenants. and If the owner of a commercial building is reconstructed privately, the tenant is refused to renew the contract due to an unexpected reason. Therefore, the provisions of Article 10 (1) 7 (b) of the Commercial Building Lease Protection Act shall provide for the provision of compensation to tenants. In order to resolve the infringement of property rights due to the lack of legislation, this paper proposed an amendment of related laws.