주택임대차보호법상 중소기업성 요건에 관한 검토

Abstract

Upon the “Act on Protection of Residential Housing”, when a small and medium-sized enterprise leases residential housing for its employee, the right to lease for the full contract term against third party who obtained the title newly, and the right to receive the key-money deposit in the foreclosure procedure of such leased property shall be protected if certain conditions (ie, occupying the house, residential registration, etc) have been met until the time at which the request is made in the foreclosure allocation period, according to the court precedents. However, whether a certain enterprise falls under the description of small and medium-sized enterprise may or not may vary according the change in economic circumstances regardless of its intention. In this regard, it is important to define the point in time until which the enterprise should meet the qualification of the small and medium-sized enterprise. In conclusion, the enterprise shall be maintained as small and medium-sized enterprise until the time at which final payment is made in the foreclosure procedure with respect to the right to lease for contract term against third party, and until the time at which the request is made in the foreclosure procedure with respect to securing the return of the key-money deposit respectively.