• Title/Summary/Keyword: Registration of Lease

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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.

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.

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 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.

A Study on the Prevention of Appropriate Store and Gentrification to Restore the Function of the Commercial District in the Original City

  • RYU, Tae-Chang
    • Journal of Distribution Science
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    • v.20 no.11
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    • pp.109-120
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    • 2022
  • Purpose: We would like to identify the appropriate size of stores in the commercial district suitable for the era of low growth. In addition, it is intended to present alternatives to prevent gentrification along with measures to revitalize commercial districts according to the selection of appropriate stores. Research design, data and methodology: The importance and commercial district usage patterns were identified through surveys by consumers and sellers. the demand and size of the commercial area were calculated based on the floating population and resident registration population. In addition, based on this, through metric analysis, the importance of the business district activation plan and what important matters can prevent gentrification were analyzed. Result: In this the study, 555 stores are currently operating in the target area, but it is seen as a commercial district with a scale that can operate 136 stores and 938 stores. In addition, it was analyzed that the Commercial Lease Protection Act needs to be strengthened to prevent gentrification. Conclusions: Due to the nature of small and medium-sized cities in Korea, commercial districts that have once lost their resilience must take much effort to find vitality. It is believed that local commercial districts will have resilience when diagnosis and recovery measures are adequately presented.

An Activation Plan of Electronic Contract Real Estate

  • Youn, Sung-Ho
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.10
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    • pp.175-182
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    • 2016
  • In the 21st century knowledge and information society, Electronic Contracts made with the intention of electronic computer information networks are emerging as a new legal problem which can not be solved in the conventional legal system governing contracts. In other words, the indicator's decision determines the effect and formation of the contracts in the face-to-face or written contracts but electronic decision through computer information network is established the working process of electronic signals-electronic contracts are not only difficult to separate the decision-making process but questioned to be solved by the theory of the general legal action. Ministry of Transportation is scheduled to introduce real estate sales and lease contract using a variety of electronic devices such as computer, tablet PC, smart phones and so on without a paper contract. This system is conducted to global expansion of Seoul in demonstration zone on May 8, 2016 and will be implemented nationwide in the second half of 2017. Electronics contract Real estate has some benefits because made by linking electronic contract system and the electronic registration system - the economic effects discounts on various kinds of fees, the prevention from real estate fraud beforehand and the solution to the complexity of the process the seller and the buyer visits The Real estate agency. However, it has some problem- the disorder in the real estate contract market, the occurrence of the real estate agency accident and the author of the electronic real estate contracts have limited only to realtor. In this paper, I suggest the activation plan to search for establishment and effect of electronic contracts and declaration of intention in electronic depending on the Electronic Contract Real Estate system.

History of Land Registration and Small House Policies in the New Territories of the Hong Kong Special Administrative Region, the People's Republic of China

  • Fung, Philip Sing-Sang;Lee, Almond Sze-Mun
    • Land and Housing Review
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    • v.5 no.1
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    • pp.53-56
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    • 2014
  • Hong Kong, a well-known metropolis characterized by skyscrapers on both sides of the Victoria Harbour, consists mainly of 3 parts, namely the Hong Kong Island, the Kowloon peninsula and the New Territories (N.T.) which is the land area north of Kowloon plus a number of outlying islands. Located in the N.T. are all the new towns, market towns; and in the plains and valleys lie scattered village houses of not more than 3 storeys within the confines of well-defined village. These village houses are governed by a rural housing policy that could be traced back to the very beginning of the former British administration in the N.T. By the Convention of Peking of 1898, the N.T., comprising the massive land area north of Kowloon up to Shenzhen River and 235 islands, was leased to Britain by China for 99 years from 1st July 1898. Soon after occupation, the colonial government conducted a survey of this uncharted territory from 1899 to 1903, and set up a land court to facilitate all land registration work and to resolve disputed claims. By 1905, the Block Crown Leases with Schedule of Lessees and details of the lots, each with a copy of the lot index plan (Demarcation Plan) were executed. Based on the above, Crown rent rolls were prepared for record and rent collection purposes. All grants of land thereafter are known as New Grant lots. After completion and execution of the Block Crown Lease in 1905, N.T. villagers had to purchase village house lots by means of Restricted Village Auctions; and Building Licences were issued to convert private agricultural land for building purposes but gradually replaced by Land Exchanges (i.e. to surrender agricultural land for the re-grant of building land) from the early 1960's until introduction of the current Small House Policy in October 1972. It was not until the current New Territories Small House Policy came into effect in December 1972 that the Land Authority can make direct grant of government land or approve the conversion of self-owned agricultural land to allow indigenous villagers to build houses within the village environs under concessionary terms. Such houses are currently restricted to 700 square feet in area and three storeys with a maximum height of 27 feet. An indigenous villager is a male descendent of a villager who was the resident of a recognized village already existing in 1898. Each villager is only allowed one concessionary grant in his lifetime. Upon return of Hong Kong to the People's Republic of China on July 1st, 1997, the traditional rights of indigenous villagers are protected under Article 40 of the Basic Law (a mini-constitution of the Hong Kong Special Administrative Region). Also all N.T. leases have been extended for 50 years up to 2047. Owing to the escalating demand and spiral landed property prices in recent years, abuse of the N.T. Small House Policy has been reported in some areas and is a concern in some quarters. The Hong Kong Institute of Land Administration attempts to study the history that leads to the current rural housing policy in the New Territories with particular emphasis on the small house policy, hoping that some light can be shed on the "way forward" for such a controversial policy.