• Title/Summary/Keyword: 임차인

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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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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.

An Analysis on Apartment Chonsei Price in Seoul with Residential Lease Price Index (주거임차부담지수 산출과 서울시 아파트 전세가격 적용사례 분석)

  • Jo, I-Un;Kim, Sang Bong
    • The Journal of the Korea Contents Association
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    • v.15 no.5
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    • pp.488-497
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    • 2015
  • The recent increase of chonsei has raised the degree of lease burden of households, and a new residential lease price index needs to be introduced to measure such degree of lease burden. In order to convert the burden into an index, the calculation method of the K-HAI, which is announced by the Korea Housing Financing Corporation, is applied by replacing house purchase with lease. From the calculation, the residential lease prices index of the first quarter of 2014 is estimated to be approximately 114, indicating that the cost of lease exceeds 35% of income. The result of analysis on the trend of the residential lease prices index from the first quarter of 2012 to the present in Seoul indicates that the residential lease prices index in Seoul has continued to increase, compared to that of the entire country. The results of this study will be a foundation to find a solution for the stabilization of chonsei and investigate the degree of lease burden by region when establishing a sustainable housing policy.

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.

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.

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.

The Spatial Structure of Renter Farming (賃借農業의 空間構造)

  • Suh, Chan-Ki
    • Journal of the Korean Geographical Society
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    • v.32 no.1
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    • pp.47-68
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    • 1997
  • The purpose of this study is to clarify both the characteristics of the spatial variations and structure and the logic of spatial differentiation of the renter farming in Korea. The renter farming has transformed its spatial structure from zonal to Thunen's rings-like pattern. This study also suggests that the spatial characteristics of the renter farming has been changed from the ecological and the tenantable to the economical and commercial. Although there is no single logic full explanation the order of such spatial differentiations, the logic of industrialization or neoclassical economics seems to be most effective.

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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 Political Correspondence for Paradigm Change of Housing Chonsei and Monthly Rent Market (주택 전월세시장 패러다임변화와 정책 제언)

  • Park, Sang-Hak;Kwon, Chi-Hung;Kim, Kyeong-Mi
    • Land and Housing Review
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    • v.6 no.4
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    • pp.195-213
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    • 2015
  • Recently, there has been changing the housing rental market paradigm structure which has been increased the ratios of partly monthly rental ratios, because of increasing chonsei's price, the preference of monthly rental and the rack of chonsei's supply amount. This study had done a survey of 1,400 people for private and public rental residents by region and housing types during Dec. 2014. According to the result of survey, Market participant prospect strongly to change chonsei to monthly rental market structure and the reason of rising of chonsei's price is the preference of householder's monthly rental because of decreasing interest rate and the rack of chonsei's supply amount. The housing policy's proposal of the stability of low income class's housing and jense's price strongly recommended the expansion of public rental housing supply and the activation of private rental housing, the expansion of chonsei loan, housing boucher etx. The rental market policy for high income class have desired to market autonomy than public side's intervention, on the other hands, the rental market policy for low income class have strongly need to the public side's intervention such as the contiuneous long-term rental housing supply.