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- 주제어 : Goodwill by Location Factor (검색결과 2 건)
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박준모(Park, Jun-Mo) 한국주거환경학회 2014 주거환경(한국주거환경학회논문집) Vol.12 No.4
The purpose of this study is to analyze factors on formation of goodwill in retail store and to identify the decision process of goodwill in retail store. In other words, it aims to express the influence of certain factors in deciding goodwill by drawing and verifying a formation model and a decision model of goodwill in retail store. When concluding a lease contract, a retail store tenant examines location, business and facility factors for expected return and considers the amount of goodwill he or she can allow. So, a hypothesis was established that location, business and facility factors for retail stores have a meaningful influence on the expected return of tenants and expected return of tenants have a meaningful influence on the amount of goodwill. In other words, as a formation model of goodwill in retail store, each variable→expected return→retail building-goodwill was designed. Also, expected return of tenants which is an independent variable equated with location factor, business factor and facility factor become variables deciding retail building-goodwill, in identifying the influence of certain factors in deciding goodwill. Thus, as a decision model of goodwill, each variable→retail building-goodwill was drawn. Analysis of goodwill formation model(each variable→expected return→retail building-goodwill) shows that expected return was influenced in order of contract space→land price→distance to bus-stop→business factor→facility factor. In conclusion, expected return was influenced in order of location factor→business factor→facility factor and expected return has a meaningful influence on goodwill.
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박준모 한국도시부동산학회(구 도시정책학회) 2014 도시부동산연구 Vol.5 No.2
Current law or the Supreme Court precedent doesn’t recognize goodwill in retail store as a legal right. Accordingly, when tenants transfer the right of lease, the goodwill, which was paid to the former tenants, is not the right for the compensation. When the retail store is under redevelopment, the issue is if the tenants have any right for compensation in the goodwill. Firstly, the goodwill decided by location factor reflects effects accidently accrued by external factors and it is not the benefit or right that is free to be disposed. Accordingly, it is not the object of compensation when the retail building is under redevelopment. Secondly, the goodwill decided by facility factor can be compensated by appraisal and assessment of existing and new facility when tenants have newly invested something on facilities. Accordingly, there is no room for raising any issue of compensation when retail building is under redevelopment. Thirdly, the goodwill decided by business factor could be the object of compensation as tenants’ business rights only when the tenants have generated supplementary benefit with their own investment and trial. To provide specific compensation, the legal basis specified in the clause 3 of article 23 in the Constitution should be provided in advance. In addition, it is necessary to consider carefully the introduction of compensation for removal enforced in U.K. and France with the recognition of tenants’ legal right for business right. In case of introducing the compensation for removal, compensation law needs to be revised in such a way that compensation conforming with the compensation for removal is to be provided to tenants of retail building.
KCI
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