상가건물에 있어서의 업종제한의 약정

Contract on the restriction of the business classification in shopping buildings

The restriction of the business classification in shopping buildings is a special matter in Korea, it can t be seen in the other countries. This restriction don t violate the freedom of selecting a job and the freedom of property rights in the Korean Constitution. And then it is not against the provision 103 of the Civil Law, and unfair transactions in Anti-Trust and Fair Trade Act, and is not contrary to the principle of trust and good faith in Regulation of Standardized Contracts Act. The types of restriction of the business classification are two, regulations (standardized contract) established by management body and contract agreed by the vendor and vendee. This article stated legal problems of the contract between vendor of store and vendee, between vendee of store and resident merchant served stand behind the counter, between vendor of store and resident merchant. If the vendee is aware of the existing contract of restriction of the business classification with vendor, the vendee and resident merchant implicitly agreed with the contract of compliance with burden. Thus, the vendee of store who received benefits of restriction of the business classification made a claim on business restriction, claim on compensations for damages, claim on provisional disposition of the business prohibition. Also, the resident merchant who received benefits of restriction request the same claims.