동대문 상권의 상가건물 권리금에 관한 연구

Abstract

ABSTRACT

Shopping Centers Premiums in Dongdaemun Trading Area

Huh, Il-Gyu Major in Real Estate Development and Management Graduate School of Real Estate Hansung University

This study analyzes, examines, and investigates reflections on legal theories of premiums and the behavior of lessees. Moreover, it attempts to suggest a way to establish new regulations on shopping center premiums to fully protect lessees without harming the equity between lessors and lessees, and also a realistic method of collecting premiums. To this end, both document research and analysis based on actual proving process were employed. The survey for the latter consists of five main categories that add up to 36 questions including perception on lease protection law for shopping centers, perception on premiums, methods of premium payment and entailing problems, ways to collect premiums(ex. introduction of an insurance system for collecting premiums), and general questions. 300 copies of the questionnaire were distributed in the Dongdaemun trading area and the amount retrieved was 65 for western area, and 110 for eastern area and central area, respectively. Among these, nine incomplete copies were excluded, leaving 276 to be used for analysis. As for analysis, the following methods were used: average calculation, percentage, and frequency distribution to analyze demographic traits of survey participants, perception and necessity of premiums, types and problems of premium payment, and premium collection. Cross-analysis, T-test, and One-way ANOVA were used for verification of the differences cause by demographic traits. The results of the analysis is as follows. First, the analysis on lease of shopping centers indicated that security money for rent and premiums were about the same level in Dongdaemun trading area. Second, the level of understanding on the lease protection law for shopping centers and perception on shopping centers were low, according to the analysis. Third, the difference in the level of understanding the lease protection law had a meaningful distinction depending on gender and academic background. Males, and those with a higher academic background had greater awareness on the lease protection law. Fourth, premiums less than 50 million won were perceived to a greater degree than those over 50 million won. Fifth, far more respondents answered for the need of an insurance guaranteeing premium collection than not needing one. Sixth, when asked about the reasonable cases for collecting premiums through insurance, a significant proportion of the respondents' answers selected destruction of shopping centers due to fires, others' mistakes and crimes. Seventh, analyzing the desired types of insurance guaranteeing premium collection, it was found that the survey participants chose returnable guarantee insurance over terminal guarantee insurance. Also, the most frequent answer on preferred amount of monthly insurance premium was less than 100,000 won. As shown in the survey results above, the lessees in Dongdaemun trading area have a low perception on the lease protection law concerning premiums, which is why the study suggests a need to promote the law. Furthermore, it was found that in the area smaller traders had a greater need for the insurance. As concrete and realistic alternatives for newly establishing the lease protection law for shopping centers, and the plan for guaranteeing the collection of premiums(tentative name), the study suggests the following: First, a uniform regulation of premium ceilings may be difficult to achieve, but as the lease protection law already limits the ceiling of lease premium hikes, it would be possible to newly establish regulations related to the legal concept and collection of premiums, and regulations that can be linked to the insurance for guaranteeing the collection of premiums(tentative) in the study, to alleviate the conflict over premiums. Second, even the 'lease protection law for shopping centers' cannot effectively guarantee realistic collection of premiums, the key property of lessees along with security money. Therefore, the insurance for guaranteeing the collection of premiums(tentative) can be a specific way to ensure minimum collection. Such insurance, immediate with the expiration of leases or lessor's request to return objects of leases, enables convenient transfer of leases for lessees through the full or partial collection of premiums by insurance companies, and lessors do not need to file eviction lawsuits since a prompt return of the lease object is possible. In other words, positive effects that can strengthen legal protection for lessors and lessees can be expected owing to time and cost saved by not filing a lawsuit. Also, the amount of premium paid by the lessee can be declared at the time of business registration, providing an opportunity to adjust excessive premiums and collect data for taxation. Although uniform regulations of security money and premiums are difficult to draw up, it is to be emphasized with great importance again that more specific and systematic devices on premium regulations must be established to harmonize the interests of lessors and lessees.