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A study on the procedure for the repayment of deposits through leasehold registration orders

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2018, 6(4), pp.235-254
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

김정태 1

1부산경상대학교

Candidate

ABSTRACT

The leasehold registration system by leasehold registration orders was born out of necessity for preventing the transfer of lessees' resident registrations from leading to loss of opposing power when they remove their residence as the cases that they cannot collect their deposits even though the lease of buildings ends are frequent. The system of repayment guarantee of deposits implemented by Korea Housing & Urban Guarantee Corporation (HUG) and Seoul Guarantee Insurance Company (SGI) were introduced to make lessees, the economically vulnerable, ensure the collection of deposits and stabilize their residence. And the number of tenants who use this is increasing. The above institutions give the tenants their deposits when they do not receive their guarantee deposits on leases from lessors when terms of lease expire and exercise the right to indemnity over their lessors through the system. It is the positive system in that tenants ensure their guarantee deposits on leases without inconvenience. However, tenants can receive their guarantee deposits on leases only when their leasehold registration by leasehold registration orders is completed in the process that they receive them from the above institutions according to the procedure. When tenants complete leasehold registration, their opposing power and preferential payment right acquired before are kept as they are even though their housing tenure is lost or their resident registration is moved out, but it takes one to three weeks to complete leasehold registration. There are still inconvenience and loss of lessees even by the guarantee system. After tenants report the fact that they did not receive their guarantee deposits on leases from their lessors at the same time as the termination of the periods of lease, the above institutions shall immediately paid them to them as soon as this is checked. And as the repayment bonds of guarantee deposits on leases shall be regarded as the completion of transfer of claim for the purpose of security in the above institutions, the plan that the institutions subrogate leasehold registration by leasehold registration orders is required.

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