주택임대차보호법상 보증금반환채권의 분리양도와 양수인의 우선변제 - 大判 2010. 5. 27., 2010다10276 -

Abstract

In this note to a Supreme Court decision, the author deals with the interpretation of art. 3-2 of the Housing Lease Protection Act. In the underlying case the lessee's privileged claim to deposit was assigned her creditor for security purpose; later arose the question whether the creditor-assignee is entitled to a satisfaction based on the lessee's privilege when the lessor's house was liquidated in the compulsory auction. The Supreme Court denied it and said that, with the Act's wording and its purpose considered, the privilege would not be granted to the assignee. On the contrary, the author supports the privileged satisfaction of the assignee in the compulsory auction procedure. He explains this result is justified by the lessee's legitimate interest to liquidate her deposit claim before the expire of lease, the assignee's interests compared with those of the lessor's creditors and the balance with other institutions. At the same time he shows the same result is to be maintained in case that a lien was created on the deposit claim or that the deposit claim was transferred for a satisfaction of the lessee's creditor by way of compulsory execution.