• Title/Summary/Keyword: 임차권등기

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Improvements for the Problem of Housing Lease Protection Act Article 3-3 (주택임대차보호법 제3조의3 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.12 no.8
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    • pp.198-206
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    • 2012
  • The Lease Registration Instruction system that newly established in 4th opening a court of the Housing Lease Protection Act has regulated the following. After the lease expires, if finish the lease registering on the rental house to leaseholder who did not return the deposit. Previous opposing power and Priority Repayment Right are preserved intact. And after the leasehold registration, even if loss the claiming requisite of Housing Lease Protection Act's Article 3 Paragraph 1, already acquired opposing power and the Priority Repayment Right will not be lost. Thus, the tenants free to transfer its residences without anxiety. So it is focused on protecting tenant's rights who social and economic weak person. But in reality, did not return the expensive lease deposit. So, most tenants cannot transfer freely their residences. Or even if migration as completing the lease registration unavoidably by Lease Registration Instruction, they cannot receive their lease deposit as soon as possible, like this there are many problems. So, propose the improvement plan by this study.

Consolidation of Protection for Lessees by Improvement of Opposing Power System of the Unregistered Housing Leases (미등기 주택임대차의 대항력 관련 제도개선을 통한 임차인보호 강화)

  • No, Hann-Jang
    • The Journal of the Korea Contents Association
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    • v.14 no.8
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    • pp.466-475
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    • 2014
  • According to the Housing Lease Protection Act, even though it is not registered, if the lessee has completed delivery of a house and the resident registration, the lease shall take effect against the third person from the following day thereof. Any lessee who has met the requirements for opposing power and obtained the fixed date on the lease contract document, shall be entitled to receive the repayment of the deposit from the converted price of the leased house, in preference to any junior obligors and other creditors, at the time of an auction as provided by the Civil Execution Act and a public sale as prescribed by the National Tax Collection Act. The lessee shall be entitled to receive a repayment of a specified amount of the deposit in preference to other persons having the security rights in the leased house. However those provisions give rise to many problems because the Housing Lease Protection Act allows the opposing power and the right of preferential payment from the following date of fulfillment of the requirement. For the purpose of solving the problems, this study suggests that the Housing Lease Protection Act need to be amended as follows. The fixed date should be added to the requirement of opposing power and the preferential right of specified deposit repayment. In addition, the commencement of opposing power and preferential right of deposit repayment need to be taken effect from the day that the requirement is fulfilled.

The Improvements of Preferred Right on the Housing Lease Protection Act (주택임대차보호법상 최우선변제권에 대한 개선방안)

  • Park, Jong-Ryeol;Joung, Soon-Hyoung
    • Journal of the Korea Society of Computer and Information
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    • v.17 no.8
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    • pp.135-144
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    • 2012
  • The Preferred Right that recognized in Housing Lease Protection Act Article 8 Paragraph 1 is a legal security right. The case of a small tenant whose security deposit is less than a specific sum of money to lease housing, he can get preferential payment about his a specific sum of money of security deposit in an auction procedure. Like this the Preferred Right can protect the homeless commoner also it ignores the existing legal system. But the Preferred Right has the right function that contribute to stability of homeless people's housing, on the other hand, it has the adverse function that damages to several interested parties in an auction procedure by using legal preferential protection. So, about these problems, the improvement way will propose in this study.

A Study on the Linkage Method of Address Information with Public Land Registries to Protect Tenants' Rights - Focusing on the Road Name Address Book - (세입자 보호를 위한 공적 장부의 주소정보 연계방안 연구 - 도로명주소대장을 중심으로 -)

  • Kim, Jeong-Hyeon;Kang, Seung-Mo;Lim, Mi-Hwa
    • Journal of Cadastre & Land InformatiX
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    • v.53 no.1
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    • pp.65-81
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    • 2023
  • In recent times, there has been a surge in media coverage regarding fraudulent real estate lease scams. These scams have been attributed to speculators who made imprudent gap investments, in response to the sudden decline in real estate prices. The government has established new measures to safeguard tenants and prevent fraudulent real estate lease schemes in response to the growing incidence of tenants falling victim to such scams. Although there have been active research efforts on laws and regulations aimed at protecting tenants, such as the Tenant Protection Act and leasehold registration orders, there is an urgent need for research on the consistency of information across public ledgers, as real estate fraud has surged due to information asymmetry among these ledgers. This study aims to explore matching methodologies using matching keys for building information from real estate-related public ledgers, such as the building register and the road name address ledger, as well as to examine ways to integrate these ledgers with other public ledgers.