주택임대차 관련 임차인 보호제도에 관한 연구

Abstract

The lease of real property is preceded by real rights regulated as a part of obligation, so tenants as junior obligee have difficulties in receiving deposit refund. In order to protect tenants from such disadvantage, our government establishes and enforces ‘the Housing Lease Protection Act’, but this Act exposes a good few problems: Even a tenant who satisfy fixed date and requisite for setting up actions may be preceded by prior right mortgagee in the auction of applicable real property, since the former's opposing power is effective on the next day, not on the day of auction. Or there may be conflicts between tenant and real property purchaser due to unclear investigation report on real property lease, and a tenant may incur unexpected loss due to his or her failure to timely declare rights to real property and demand or apply for distribution. Hence, this study can give the following suggestions for institutional improvement of current tenant protection system:First, it is recommended to introduce Lease Deposit Refund Insurance System or grant a claim for official auction to tenants in an effort to secure lease deposit refund. Secondly, it is necessary to reconcile resident registration transference date with fixed date as a part of public notification on the lease of real property. Thirdly, it is required to actualize the value of small deposit. Finally, it is important to allow tenants to optionally exert their opposing power and their right to obtain preferential satisfaction.