• Title/Summary/Keyword: 임차보증금

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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.

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.

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.

A Study on The Risk on the Non-payment of Monthly Rent of Seoul Office Market in the Framework of Asymmetric Information (정보비대칭 관점에서 서울 오피스 시장의 월세미납리스크에 관한 연구)

  • Kim, Sung-Nam;Choi, Young-Sang;Koh, Sung-Soo
    • The Journal of the Korea Contents Association
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    • v.15 no.7
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    • pp.531-543
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    • 2015
  • Benjamin, Lusht, and Shilling(1998) suggested that the level of deposit can be used as a tool to resolve the problem of adverse selection by the leaseholder under the circumstance of information asymmetry. In this respect, this research aims to verify how the level of deposit and monthly rent mitigate the problem of information asymmetry existing in the office market in Seoul. So far, the analysis of the office market in Seoul has been difficult due to the fixed rate of deposit and monthly rent. This research attempts to adopt the concept of occupancy cost, a global standard indicator that would replace the default risk of monthly payment for analyzing the market. As a result of a series of empirical analysis, the lessors tend to add about 9 percent of risk premium to the occupancy cost to hedge against the default risk of monthly payment. It allows for estimating at what extent one should reflect the leaseholder's default risk of monthly payment for operating deposit and monthly rent in the office building lease market.

상가건물 임대차 실태조사

  • Park, Mu-Ik;Lee, Gye-O
    • Proceedings of the Korean Statistical Society Conference
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    • 2002.11a
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    • pp.321-326
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    • 2002
  • 상가건물임대차보호법의 시행령을 제정하는데 필요한 근거정보를 수집하기 위한 임차 사업체조사의 표본설계과정과 추정법을 설명하고 주요 조사결과를 제시하였다.

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Shifting Trend from Chonsei to Monthly-Rent and Rental Housing Policies (월세화 추세와 전월세 대책)

  • Suh, Seong Hwan
    • Journal of the Korean Regional Science Association
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    • v.31 no.2
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    • pp.63-77
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    • 2015
  • Effects of shifting trend from Chonsei to monthly-rent and the changes in rental housing prices upon the welfare of tenants has been analyzed. In 2014, welfare of tenants has been found to be decreased by 660 billion Korean Won due to the change in rental housing prices. From the point of view of the welfare of tenants, it has been found that monthly-rent stabilizing policies are 1.47 times more effective than Chonsei price stabilizing policies. The effect of monthly-rent stabilizing policies has been found to be increased with the increase in the proportion of monthly-rent transaction, the decrease in the speed of the shifting trend from Chonsei to monthly-rent, the decrease in interest rate, the decrease in the proportion of variable deposit in monthly-rent, the decrease in the proportion of debt in Chonsei deposit. These findings indicate that the relative importance of monthly-rent stabilizing policies will be increased in the future.

전세(傳貰)의 경제적(經濟的) 효과(效果)와 개선방안(改善方案)

  • Park, Won-Am;Kim, Gwan-Yeong
    • KDI Journal of Economic Policy
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    • v.15 no.1
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    • pp.87-116
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    • 1993
  • 전세제도(傳貰制度)는 공공임대주택(公共賃貸住宅)이 존재하지 않고 제도금융권의 주택금융이 미약한 상황에서 유지되어 온 우리나라 특유의 주거점유형태(住居占有形態)이다. 그러나 불완전한 우리의 주택시장 여건하에서 전세임대차(傳貰賃貸借)에 따르는 위험부담이 임차자(賃借者)에게 전가되는 등 불필요한 사회적 비용을 초래하고 있다. 따라서 현존의 전세제도(傳貰制度)를 개선하기 위하여 공공임대주택(公共賃貸住宅)을 늘리고 월세전환(月貰轉換)으로의 유인책을 제공하여야 한다. 아울러 20조(兆)원이 넘는 전세보증금(傳貰保證金)을 주택부문 자금으로 쓸 수 있도록 전세기금(傳貰基金)을 설치하는 등 전세제도(傳貰制度)를 개선하여야 한다. 종국적으로 전세제도(傳貰制度)가 사라지더라도 사회 일각에서 우려하는 저축감소효과는 거의 없을 것이다.

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Analysis of the Redemption Risk of Renters Using CoLTV (CoLTV 지표를 이용한 임대차주의 상환위험 분석)

  • Lee, Ta Ly;Song, Yon Ho;Hwang, Gwan Seok;Park, Chun Gyu
    • Korea Real Estate Review
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    • v.28 no.1
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    • pp.65-77
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    • 2018
  • This paper analyzes the redemption risk of renters by estimating the LTV and CoLTV with finance market big data (individual credit information) and housing market big data (actual housing transaction data). The analysis showed that when using LTV, the redemption risk was higher in the case of the monthly renter than of the chonsei renter. On the other hand, when using CoLTV, the chonsei renter had a higher redemption risk than the monthly renter. This implies that there is a need to activate a guarantee system, such as risk management using the CoLTV index and the chonsei deposit return guarantee because it is possible for renters to experience losses on their chonsei deposits due to the higher redemption risk. Another implication is that the risk manager should consider the individual characteristics of renters because of the different effects of the redemption risk stemming from the characteristics of the rental contract and the personal characteristics of the renters. CoLTV was just a concept until this study calculated it using housing big data and actual housing transaction information. It helps identify the redemption risk through the characteristics of renters and their contracts.

An analysis on the change rate of housing rent price index (월세가격동향조사 통계의 가격지수 변동률 분석)

  • Yeon, Kyu Pil
    • Journal of the Korean Data and Information Science Society
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    • v.25 no.6
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    • pp.1361-1369
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    • 2014
  • This research is for analyzing the change rate of housing rent price index produced by KAB (Korea Appraisal Board) in the monthly periodical, Survey on Housing Monthly Rent. The index is a very important and useful indicator to understand and diagnose the house rental market. However, the index is criticized in that it tends to decline when the price level of Jeonse (i.e., a typical type of dwellings in Korea, generally leased on a deposit basis for 1 or 2 years) is highly going up, which is inconsistent with the actual economic sentiment of tenants. We verify the reason why such phenomenon occurs and suggest a simple but novel method to analyze properly the change rate of the index. The main findings are as follows. The key factor to trigger the problem is the use of the conversion rate for Jeonse-to-monthly rent for constructing the rent price indexes. We separate the effect of the conversion rate out of the change rate of the index and quantify the adjusted real change rate showing an increase of the rent price level which is masked by the conversion rate before.