주거권 강화와 개정 주택임대차보호법의 문제점과 개선방안에 관한 소고

Abstract

The right to housing, which is the right to live a humanely residential life, must ensure the stability of housing, that is, legal stability of occupation and economic burden. The housing rental system, which is the most basic system for enhancing the housing welfare of the people, should be focused on strengthening housing rights. And to the extent necessary, it is necessary to seek a balance of rights between the lessor and the lessee by seeking ways to protect the lessor's rights. From this point of view, the interpretation of the Housing Lease Protection Act was presented, and the amendment proposal was presented along with the problems and improvement measures. (1) The method of public announcement that grants the lessee's resistance and preferential repayment right should be improved in connection with the return of the deposit. In order to protect the tenant's housing right, resident registration with side effects should be excluded from the counter-requirement. In addition, the Housing Lease Protection Act should be amended so that the lessee can have the power to resist, the right to preferential repayment, and the right to repay only the fixed date and the delivery of the house in the real estate transaction management system by well-maintaining the real estate transaction management system. (2) It is necessary to change the minimum duration of Article 4 of the Housing Lease Protection Act from 2 years to 3 years to ensure stable housing rights. In addition, the number of exercise of the right to request for contract renewal needs to be revised to about 3-4 times so that the lease period is about 9 years. The amended Act stipulates that the exercise of the right to request a contract renewal and the case of implicit renewal are completely irrelevant. According to the legislative theory, it is desirable to consider that the right to request for contract renewal is exercised in the case of implied renewal while acknowledging that the number of times is not limited as it is now. However, in the case of such revision, the number of requests for contract renewal must be increased. (3) Among the grounds for refusal of the right to request a contract renewal, the actual resident in subparagraph 8 is limited to the lessor and the direct descendants and direct descendants of the lessor. This should be amended to “where the lessor and his/her spouse (including the lessor and his/her spouse’s lineal ascendants and lineal descendants) actually intend to reside in the target house”. (4) The agreement on statutory damages under Article 6-3 (5) of the Housing Lease Protection Act and the expected amount of damages under paragraph (6) is stipulated to be applied only to refusal under subparagraph 8. However, it can also occur in the case of No. 7 ‘Demolition and Reconstruction, etc.’. Therefore, even in the case of subparagraph 7, it is deemed necessary to acknowledge the agreement between the statutory damages under Paragraph 5 and the predetermined amount of damages under Paragraph 6.