상업용 집합건물의 업종제한에 관한 법률관계

Legal Relationships Concerning Business Restriction of Commercial Condominium

In most of the commercial condominiums, there exists a rule of restriction of business between tradesmen. The purpose of restriction of business is to ensure each tradesman the monopolistic operating profit in a single commercial condominium. Legal Relationships concerning business restriction could be divided into three; between the association of commercial condominium and unit owners, between developer and buyers in real estate purchase contract, between tradesmen of commercial condominium. Bylaws could impose on unit owners the duty to comply with the restriction of business. In that case, the duty of unit owner to comply with the restriction of business arises from the bylaws adopted by the resolution of meeting of unit owner’s association. If unit owner violates that duty, the association could demand the unit owner to observe the bylaws and to suspend the operating of a business which is forbidden by the bylaws without the approval of association. Most real estate purchase contracts contain the terms imposing on the purchaser the duty to keep the rules of restriction of business, which is for facilitating sales of units of condominium. If the developer breaches that covenant and couldn’t ensure the purchaser the monopolistic operating profit, the purchaser could demand damage and rescind the purchase contract. On the contrary, if the purchaser breaches that covenant and changes the business which is specified in the purchase contract, the developer could demand the purchaser to suspend the operating of that business, or rescind the purchase contract. When all of the real estate purchase contracts contain the terms of restriction of business or bylaws contain the rule regarding restriction of business, the contract not to infringe on the other tradesman’s monopolistic operating profit between tradesmen could be implied. If a tradesman breaches that implied contract and does the same business with other tradesman, the one who suffers damage could prevent him from doing the same business and demand damage which amount to loss of profit.