부동산 강제집행의 관점에서 본 상가건물임대차보호법

Abstract

[Abstract] The Commercial Building Lease Protection Act from the Point of View of Execution of the Real Estates Kim, Yeon* The Commercial Building Lease Protection Act was established in the year of 2001 to protect small-scale businessmen who lease business buildings following the precedent of the Housing Lease Protection Act of 1981. In the field of housing lease it is generally accepted to protect tenants from the insufficient rule of the Civil Law and same is to the small business building tenants after 1981. I do not have dissenting opinion to the purpose of the law or to protect small businessmen. But from the point of view of the law of execution, I think, the Act has missed some important points as follows: First point is about indefiniteness of the status of the tenant in the execution procedure. The Act doesnot require the tenant clear symbol anyone can recognize easily to be protected especially. It is extremely required for the smoth procedure that parties would be appeared clearly as well as simplicity of the process. But the Act does not consider carefully about representation of the tenant to be protected. Second point is from the purpose of activation of auction precess as a part of executional procedure. To get this goal, a vendee must be fully protected. Nevertheness, no one would buy building at auction. The Civil Execution Act considers and points to that direction. But some methods to protect tenants become burdens to the vendees. Third point is unfairness between tenants and others who have interest about the building. Sometimes to protect one person is on the loss of other people. That means some people have questions the rightness to protect a tenants. Such a problem reveals most clearly in the process of execution. As a conclusion, from the questions above, the Act must be comple- mented in several points, especially in the part of registration of tenants. Of course such a revision of the Act must keep step with the law of execu- tions as well as other provisions.