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Review of deposit damage structure and research on improvement plans - Focusing on sales agents, brokers, and lessees -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(1), pp.441-470
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : February 1, 2023
  • Accepted : February 25, 2023
  • Published : February 28, 2023

Cho Jae Jin 1

1세명대학교

Accredited

ABSTRACT

Recently, the issue of refunding deposits on deposits has become a hot topic in the housing market. It has been reported so far as an incident that caused anxiety and economic crisis among tenants with the news of the so-called’Cheonse King’, in which individuals own hundreds or thousands of units. The core of the Jeonse deposit refund problem begins with the risk of not getting the deposit refunded. In line with the rapidly rising real estate value over the past five years, the value of collateral has skyrocketed, and along with the skyrocketing real estate market, liquid funds from all over the country have flocked to gap investment for capital gains in the rising real estate market. Debt-to-debt, Youngkkeul coined words to attract equity capital and maximum loan to purchase a house as soon as possible in the skyrocketing real estate market. As a basic investment method, they tried to increase their assets by purchasing them when the market value was low and disposing of them when the value rose to generate capital gains, but this did not last long. The real estate policy of the Moon Jae-in administration, which forced multi-homed people to dispose of their houses by strengthening the comprehensive real estate tax and capital gains tax, expected the housing market to stabilize due to an increase in supply in the housing market due to excessive tax regulations, and a natural oversupply through this, but this was due to the tax transfer phenomenon. It led to a surge in the rental market and, as a result, made a rise in housing prices without a break. People who do not own their own home in Seoul have shown such a huge increase that it is impossible to own their own home in Seoul for a lifetime. In the case of apartments, there was a difference of more than 700 million to 1 billion over several years. Due to excessive real estate soaring, the new government in 2021 has suppressed purchasing power so that additional real estate cannot be purchased due to rising interest rates since its inauguration. This will change the trend of the housing market at a rapid pace. At the same time, investors who bought houses in a rising market could not afford to pay huge interest rates due to interest rate hikes. When the couple receives their monthly wages, each person's monthly wages reach the point where they are repaid in principal and interest. Those who could not afford the increased interest tried to give up the interest burden or pass it on to the tenant, such as disposing of it or looking for a tenant for cheonsei or monthly rent. As a result, supply in the rental market increases, and the rental market appears to be stabilizing. However, this is not the level of the normalized market before the surge, but the level of a certain portion of decline due to interest rate hikes after the surge. As such, the rental market is still supplied to the market at a price that exceeds the normal price, so the number of vacant houses is increasing. Here, in order to solve the housing problem, tenants flocked to relatively cheap villa rentals. In this process, some immoral and blind spots in the law are exploited to rent the villa for a deposit equivalent to the sale price of the newly built villa to a person with bad credit or bankruptcy (limited guardian) who is incapable of socially, economically and legally fulfilling their responsibilities. It can be said that there was a problem of not returning the Jeonse deposit due to transfer. This study analyzes the structure of the Jeonse deposit return problem in the housing rental market from the perspectives of sales agencies, certified real estate agents, lessees, and Housing City Guarantee Corporation. It was pointed out that there is a problem with the effectiveness of presenting the same contents prescribed in the current Certified Real Estate Agent Act by reviewing the alternative measures of the Ministry of Land, Infrastructure and Transport, which occur because it is targeted for real estate. In addition, it contributes to the stabilization of the housing rental market by presenting an institutional safety device for the return of deposits for the protection of tenants, and a plan to supply rental housing for young people using a large number of newly built villas auctioned due to charter fraud was presented as a solution.

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