주택임차권의 대항력과 개선방안

Abstract

The purpose of enactment of housing tenancy protection act is to protect the right of the housing leasehold interest of a leaseholder who hires a house as a lessee. The act implies the enforcement regulations as characteristics of special law and social law in civil law. The act authorizes the opposing power system against a house transfer and resident registration, and it provides an effect of its real right that approves a lessee's register. The enactments have been revised for 8 times for enforcing leaseholder's position but the revisions could not attained the satisfied level to some degrees. Furthermore, there occur problems in the cause of opposing power system and the mandatory institution of register for a leasehold's interest, because the systems reveal the uncertainty and insufficient preparation in principles. So, the interpretation on the revisions has relied on theories and judical precedents. 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, we should review the legal attitude for a new system for enrolling leaseholder's list can be reviewed as the article 4 of commercial building lease protection law. Second, the occurring period of opposing power system should be the immediate date from the next date of resident registration. Third, after expiration of housing lease contracts, a mandatory system that a leaseholder as lessee has the right of refunding rental bond should be introduced as a right of auction. The revision that can utilize the mandatory institution of registering leasehold interest should also be introduced for an unregistered and unlicensed house. 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.