• Title/Summary/Keyword: 임차권

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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.

Study on Housing Lease Succession by Housing Lease Protection Act (주택임대차보호법상의 임차권승계에 관한 연구)

  • Jeon, Myung-Gil;Joung, Soon-Hyoung
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2015.07a
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    • pp.115-118
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    • 2015
  • 현재 우리나라는 인구의 도시집중과 주거용 건물의 부족으로 인하여 발생하는 주택부족문제는 현대산업사회에서 피할 수 없는 현상이 되고 있고, 1970년대 들어 대도시로의 인구집중과 함께 극심한 주택난을 겪게 되었다. 전국의 주택보급률은 국토교통부가 발간한 '2014년 국토교통통계연보'에 따르면103%(서울 97.5%, 경기 98.7%)에 이르러 주택의 공급측면에서 큰 문제가 없어 보이지만, 2014년 전국 자가 주택 거주율은 53.6%로 절반 정도의 가구가 타인 소유의 주택에서 임차인으로 거주하고 있다. 이와 관련하여 가장 큰 법률문제 중의 하나는 임차주택에서 임차인이 그 가족들과 모두 함께 안정된 생활을 하는 것이라고 볼 수 있는데 만약 임차인이 사망한 경우에 그동안 임차인과 함께 생활 해온 가족들이 종전과 마찬가지로 당해주택에서 주거를 계속할 수 있는가 하는 문제이다. 이에 대해 주택임대차보호법은 임차주택에서 가정공동생활을 하고 있는 자에게 임차인의 권리 및 의무를 승계하도록 인정하고 있다. 그러나 사망임차인과 동거해온 상속인이 아닌 사실상 혼인관계에 있는 자에 대해 상속인이 아니라는 이유로 선순위상속인이 당해주택의 명도를 청구할 수 있다면 이것은 사망임차인과 동거해온 가족으로서 심각한 사회적인 문제가 된다. 따라서 본 논문에서는 주택임대차보호법상 임차권승계와 관련하여 제기되고 있는 문제점을 검토하고 그에 대한 개선방안을 제시하고자 한다.

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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.

The Improvement and Problem about Housing Lease Protection Act Article 9 in the Information Society (정보사회에 있어서 주택임대차보호법 제9조의 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • Journal of Digital Convergence
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    • v.13 no.5
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    • pp.61-67
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    • 2015
  • In order to ensure the housing stability of homeless people who living in the information society, the Korean Housing Lease Protection Act was enacted as a special law of Civil Code in March 5, 1981, Law No. 3379. And until January 6, 2015 there were 15 times revisions. In the meantime, many issues have been resolved by legal revisions through several times however, it is true that many problems are exposed after enforcement because processing without sufficient review of legislation. Among them, at the 1st revision in 1983 the purpose of Article 9 for lease succession was admitting succession to a spouse who has no inheritance rights. Then it can protect common-law relationship and on the other hand protect the residential life of a spouse. But many questions have been raised. Therefore, in this paper, analyze the problem of lease succession carefully, proposes an improvement to contribute to the residential stable livelihood.

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.

김동호 변호사의 법률 칼럼

  • 김동호
    • 주택과사람들
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    • s.221
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    • pp.88-89
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    • 2008
  • 우리나라는 전통적으로 주택의 일조에 대한 가치를 인식하고 이를 주거 환경에 반영하려고 노력해왔다. 이 같은 태도는 현대에도 이어져 수요자들은 주택을 매수하거나 임차하려 할 때 주택의 가치를 판단하는 기준 중 하나로 주택의 일조를 꼽는다. 일조권 분쟁이 빈번하게 발생하는 요즘, 일조권 침해를 판단하는 기준에 대해 자세히 살펴보기로 한다.

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Improvements about the Opposing Power of Tenant on the Housing Lease Protection Act (주택임대차보호법상 임차인의 대항력에 관한 개선 방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.15 no.7
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    • pp.193-202
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    • 2015
  • 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.

A Study on the Residential Satisfaction of Single Youth Households Tenants (청년 1인가구 임차인의 주거만족도에 관한 연구: 부산·경남지역을 중심으로)

  • Kwon, Jeongpyo;Kang, Jeonggyu
    • Land and Housing Review
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    • v.13 no.2
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    • pp.65-79
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    • 2022
  • To suggest implications of future housing problems, this study investigates which characteristics affect the housing satisfaction of young single households. Using the survey data, we perform the multiple regression and decision tree models based on the SPSS Statistics 25.0. Our empirical results show several key features. First, housing characteristics and intention to continue single households had a positive (+) effect on housing satisfaction, in the order of natural, housing, physical characteristics, and intention to continue single households. Second, housing characteristics and intention to marry in the future had a positive (+) effect on housing satisfaction in the order of natural, housing, and physical characteristics. Third, housing characteristics and intention to increase household members in the future had a positive (+) effect on housing satisfaction, in the order of natural, housing, and physical characteristics satisfaction. Finally, the results of the decision tree model show that the natural characteristics were over 3.4, and housing satisfaction was the highest in the case of Jeonse. The results of this study provide three implications for policymakers. First, improving the residential environment of young single households is important. Second, providing customized housing for young single households could enhance the housing satisfaction of young people. Finally, housing provision needs to be carried out with suitable space for the lifestyle of young single households.

Problems and Solutions for the Term of Existence of the Housing Lease in the Digital age (디지털시대에 있어서 주택임대차 존속기간에 대한 문제점과 개선방안)

  • Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.20 no.4
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    • pp.139-146
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    • 2015
  • The Housing Lease Protection Act was enacted from March 5, 1981 as Law No. 3379 to guarantee the stability of residential life and legal status. After then, there were many problems, but through several times revision, it had improved insufficient part. However, in order to give guarantees actually the position strengthen for homeless poor people many issues still need to be solved and it has been raised. Along the way, with the introduction of the tenant renewal claims, in February 14, 2015, the National Assembly planned to discuss current issues by operating the Special Committee for housing welfare of ordinary people in the extra session. In the current, however, the conflict of the pros and cons is shown clearly. Meanwhile, because the contract renewal claim of tenant was not guaranteed, if the minimum duration of the lease will be lapsed, contract renewal is dependent on the intention of landlord. Thus, the residential stability of homeless poor could become unstable. Therefore, in this paper, to stabilize the residential living for tenants who are in poor status, analyze our term of existence regulation and through the compared to the national legislation about the term of existence, it will try to propose the specific legislative approach to the problem.

Analysis of Value for Ownership Conversion in the Public Rental Housing REITs According to Real Option Scenarios Reflecting Macroeconomic Variables (거시경제변수를 반영한 실물옵션 시나리오별 공공임대주택리츠 분양전환 가치 분석)

  • XUAN, Meiyu;Jang, Mi Kyoung;QUAN, Junlong;Kim, JuHyong
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.3
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    • pp.74-83
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    • 2017
  • The recently introduced public rental housing REITs was just different the business structure from the existing public rental housing system and the basic supply system is the same. So the ownership conversion for public house over 10 years rental duration is possible after half of the obligated rental duration according to the agreement between lessor and lessee. However rental business operators are likely to have a negative attitude to the early ownership conversion because of less expected profit. Thus, there is a need for an analysis of proper early ownership conversion moment that can achieve public purposes while ensuring the profitability of public rental housing REITs. In this study, the characteristics of the ownership conversion rights that can lessee to exercise considered to be options. Also the nature of 'REITs', 'public rental housing REITs' is considered to be affected by the macroeconomic variables. Thus, this study analyzed the value for ownership conversion in the public rental housing REITs according to real option scenarios reflecting macroeconomic variables. As a result, according to the change of the variation rate of the macroeconomic variables, it was found that with adjustable early ownership conversion time using the DCF(Discounted Cash Flow) model. Therefore, it is possible to ensure profitability of early ownership conversion by predicting the variation of variables.