Browse > Article
http://dx.doi.org/10.5392/JKCA.2015.15.07.193

Improvements about the Opposing Power of Tenant on the Housing Lease Protection Act  

Park, Jong-Ryeol (광주여자대학교 경찰법학과)
Publication Information
The Journal of the Korea Contents Association / v.15, no.7, 2015 , pp. 193-202 More about this Journal
Abstract
The Korean Housing Lease Act is special law of Civil Code and was enacted from March 5, 1981 as Law No. 3379 to guarantee the stability of residential life. And until January 6, 2015 there were 15 times revisions to protect the right of homeless people. However, it is true that many problems are exposed from enforcement. Because the processing without sufficient review of legislation. and it was enacted very quickly, so, at the part of opposing power that the Article 3 Paragraph 1 "if the housing tenant was delivered rental housing and finish the resident registration, from the day after even if the owner of the house was changed as third party tenant can resist with lease right". In addition, this provision made housing problems of the socially disadvantaged more seriously and the country did not made any way to protect this problems so many issues have been raised and a lot of disputes relating to Housing Lease. Therefore, in this paper derives a problem about opposing power of the Housing Lease Act for tenants of residential stability, and through the foreign legislation case, it propose the improvement to contribute to the residential stability realistically.
Keywords
Housing Lease Protection Act; Opposing Power; Fixed Date; Resident Registration; Tenant;
Citations & Related Records
Times Cited By KSCI : 1  (Citation Analysis)
연도 인용수 순위
1 Statistics Korea, Statistics by topic(housing supply rate), 2013, http://kosis.kr/
2 Y. J. Gwak, Detailed exposition of Bonds, Parkyeongsa, p.86, 2004.
3 H. D. Kim and J. H. Kim, Detailed exposition of Bonds, Parkyeongsa, p.80, 2006.
4 H. Sun, A Study on the Problems of the Real Estate Tenant Protection System and Their Solutions, Hanyang University Administration & Local Autonomy, p.9, 2009.
5 Supreme court precedents, 1997.12.12. 97da 22395.
6 I. Y. Min, "Claim to Return Deposit for Lease to a Transferrer of Rental housing," Parkyoungsa, Civil Case Study(IX), p.104, 1987.
7 Y. S. Yim, A Study on the Protection of Housing Lessees, Ph.D Thesis, Kyungwon University, p.137, 2006.
8 M. J. Oh, A Study on the Protection System for Residential Lessee and the Direction for Improvement of It, Master's Thesis, Jeju National University, p.4, 2012.
9 B. J. Lee, "Opposing power of Housing Lease," On-San, Soon-Won Bang, To celebrate the age of seventy paper, Parkyoungsa, p.172, 1984.
10 C. H. Ryu, Study on the Housing Lease Protection Act, Ph.D Thesis, Dongeui University, p.32, 2005.
11 Y. Lee, A Study on the Improvement of the Housing Lease Protection Law for Lessee's Housing Stability, Master's Thesis, Chungbuk National University, p.18, 2012.
12 J. S. So, "Structures and Characteristics of the Real estate Leasing, Agents and Association on the Real Estate Law in France," Korean Public Land Law Association, Land Law Studies Vol.40, p.503, 2008.
13 H. S. Kim, Resolution of Housing Lease Disputes, Beopryul-seowon, p.75, 2005.
14 Y. J. Gwak, Law of Obligations Study, Parkyoungsa, p.228, 2007.
15 J. R. Park, Korean Reality Law, Jiseonggye, p.53, 2013.
16 D. S. Song, Reality Law, Parkyoungsa, p.193, 2012.
17 J. H. Kim, Reality Law, Beopmunsa, p.201, 2012.
18 S. R. Ko, "The Problems of Revised Law Among the 3rd revision of the Housing Lease Protection Act," Korean Association of Civil Law, 1998 Fall Conference, p.9, 1998.
19 Supreme court precedents, 1987.1.26. 87daka14
20 Supreme court precedents, 1987.2.24. 86daka1695
21 C. H. Yoon, "Issues Related to Loss of Housing Lease Opposing power," Legal News, p.15, 2009. 6. 10.
22 Supreme court precedents, 1989.1.17. 88daka143
23 Supreme court precedents, 1999.5.25. 99da9981
24 E. H. Lee, "The Resident Registration of Housing Lease as Method of Public Notice," Gwanaksa, Democratic Legal studies, No.20, p.230, 2001.
25 W. J. Lee, "The opposing power of Housing Lease Right, The problems of the civil trial," Civil Practice Society, Vol.3, p.37, 1985.
26 Y. S. Yim and W. H. Choi, A Study on comparative law for preserve leaseholder, Seoil University, Journal of Seoil University, Vol.24, p.182, 2006.
27 J. R. Park, "Improvements for the Problem of Housing Lease Protection Act Article 3-3," Korea Contents Association, Journal of the Korea Contents Association, Vol.12, No.8, p.201, 2012.
28 G. Y. So, "The Opposing Power on the Housing Lease Protection Act," Korea Law Association, Legal Studies, Vol.33, p.92, 2009.
29 Supreme court precedents, 1998.9.8. 98da26002
30 Supreme court precedents, 1997.12.12. 97da22393