주택임차권 대항력의 개선에 관한 연구

Abstract

Residence is so necessary to manage value life as a human beings that residental stabilization is the basic matter for all citizens. Regarding Housing Lease Protection Act which was established for the purpose of protecting the right of lease of housing tenants and the stability of their living life and is currently enforced through several revision. This study reviews the theories and precedent cases related to the opposing power system of the housing leasehold interest. This study also tries to investigate the legal interpretation and its revision in the view of legal and systematic sides. The contents of this study is followed. First, Housing Lease Protection Act Article 3 Paragraph 1(resident registration as counteract requisite) : Even though there were opposing opinions from the beginning of legislation, the act’s main roles of providing safety for leased housing trade and preventing the rampancy of fake tenants and the fact that now its roots are firmly stable in the society and is well known to the people are enough to be the reasons of continuing the act. Housing Lease Protection Act 2 of Article 3 Paragraph 1 : There are no problems with the paragraph itself but considering the fact that the preferential payment right of tenants is protected highly above the level of real right, it will rather be better to state the amount of deposits in resident registrations or lease registers. Furthermore, it will be even better to change the above paragraph and grant tenants the right to claim for auctions. Second,the occurring period of opposing power system should be the immediate date from the next date of resident registration. Third, Housing Lease Protection Act 3 of Article 3(leasehold right registration order) : The above article about leasehold right registration order should be excluded. It confuses the law system and the effectiveness is doubtful. Through the revisions mentioned in this study, the regulation in the opposing power system of housing leasehold interest will provide a practical function for protecting a lessee as a household. The revised and complemented regulation will also be adopted to the practical legal activity in housing tenancy protection, especially in lessee’s right. This study intends to make an analysis on the major considerations to resolving the problems directly related to protecting the lessee as regards the overall content of the Housing Lease Protection Law for the residential stabilization of the homeless masses.