• The Journal of the Korea Contents Association
• /
• v.12 no.8
• /
• pp.198-206
• /
• 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.

• Journal of Agricultural Extension & Community Development
• /
• v.9 no.1
• /
• pp.43-60
• /
• 2002

Recently the North Korea has been suffered from the grain shortage, and the fundamental reason was in the socialistic land regulations and collective production which restrain farmers' labor desire. So one of the key in solve the problem may be in the reformation of the socialistic land regulations and collective production, however, the capitalistic land regulations may not work as the reformational alternative in the North Korea. The third alternative for land should consider efficiency and equality of reformation itself as well as environmental problems. The purpose of the study was to discuss the possible application of the Public Land Lease from Henry $George(1839{\sim}1897)'s$ theory. The basic idea of the Public Land Lease was that the government has the right of sentence and the right of profit for the land, and the individual has the right of use for the land. Under the Public Land Lease, the individual must pay the land rent for the period of the use for land, and must return the land when the contract is over. If the North Korea's rural land regulations reformed into the Public Land Lease, it would be the first reformational model beyond china.

• Journal of the Korea Society of Computer and Information
• /
• v.17 no.8
• /
• pp.135-144
• /
• 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 Journal of the Korea Contents Association
• /
• v.15 no.6
• /
• pp.411-420
• /
• 2015

With the rapid increase in the price of house lease, a unique housing form in Korea, a serious social issue has been raised as to the use value of house lease and residence stability of the ordinary people. This study thus aimed to analyze the direct factors that affect lease guaranteed loan and market volatility in order to explore the right direction of financial policy to reduce housing burdens. To this end, the direct variables affecting house lease guaranteed loan, including lease price, transaction price and lending rate, were defined. Vector Error Correction Model (VECM), a time series analysis, was employed to dynamically explain the data. Based on the house lease prices and bank data on loans between January 2010 and December 2014, it was found that the increase in lease price was the direct result of the increase in lease guaranteed loan, not that of the decrease in lending rate or increase in housing transaction price.

• The Journal of the Korea Contents Association
• /
• v.14 no.8
• /
• pp.466-475
• /
• 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.

• Korean Architects
• /
• no.7 s.435
• /
• pp.16-17
• /
• 2005

• The Journal of the Korea Contents Association
• /
• v.15 no.7
• /
• pp.193-202
• /
• 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.

• Journal of Arbitration Studies
• /
• v.25 no.4
• /
• pp.119-136
• /
• 2015

The contracting parties must be provided a litigation scheme in order to resolve a dispute. This means taking advantage of effective measures for mediation or arbitration. A lease transaction is likely to occur mainly after a dispute. It is necessary to take the appropriate measures in advance. In general, when a variety of contracts are created, conflicts arise and disputes have to be resolved through mediation and arbitration documents, and adjustment or intervention is called for. Arbitration system is a system that is established based on the trust of the arbitral tribunal. For such system, quality education for enhancing professionalism required of the arbitrator is important. A party responding to an arbitration agreement presents a problem. The current system must ensure that there are no disadvantaged parties. However, a party must depend on an arbitration agreement that is part of the law rescue system. A litigation support by the local Bar Association must be carried out. It should be notified of the contents of the contract to select a strategy that will best resolve the conflict. In the case of lease transactions, there is a need to create a scheme to make a standard agreement that inserts an arbitration clause. Lease sale and purchase agreement or lease agreement is a form of contract that has been frequently used. Here, the arbitration agreement clause for a lawyer that will serve as arbitrator should be inserted. It is a scheme that can be activated for individuals in poor areas. In addition, it is possible to see it taking a scheme to take advantage of the lawyer system for the future of the town. The Attorney System of a town is a system that the Korean Bar Association, Legal Department has put in place since 2013. If a real estate trade dispute occurs, the role of the intermediary attorney should be to carry out his duties efficiently. In the case of real estate transaction conflicts, the lawyer of the village should be registered as the arbitrator. It is important to establish a basis of regulations through this type of real estate transaction accident analysis. Before proceeding with various adjustment systems, it is desirable to expand the arbitration region. Now we need a realtor amendment. It is the part where fragmentation of intermediary qualification is required, along with the eligibility of a subdivision.

• Proceedings of the Korean Society of Computer Information Conference
• /
• 2015.07a
• /
• pp.115-118
• /
• 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.

• The Journal of Economics, Marketing and Management
• /
• v.10 no.1
• /
• pp.15-26
• /
• 2022

Purpose: The purpose of this study is to analyze the method of calculating the usage fee, rent, and lease rights of public goods necessary for the operation and management of the underground shopping mall, and to suggest systematic improvement points for the operation of the underground shopping mall. Data and Methodology: First, ordinances and regulations related to common property were investigated. Second, previous studies were analyzed. A survey was conducted with five questions that conflict with the interests of underground shopping mall merchants among the ordinances and operating systems related to the current underground shopping malls' common property. Results: Underpass merchants wanted monthly payment for the use of common property, and merchant organizations wanted to limit the increase rate with the right to use. They asked for the property value due to donation to be excluded from the loan fee, they wanted to revise the Common Property Act on the transfer of lease rights, and they wanted to revise the loan contract renewal period. Conclusion: There is a need to improve the laws and systems for underground shopping malls, and it will have to be negotiated according to the opinions of the merchants gathered among them, and it will have to be implemented in stages in the long term.