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Legal research for real estate transaction (lease) accident prevention - Focusing on strengthening the position of the lessee -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2023, 11(2), pp.179-213
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 18, 2023
  • Accepted : May 29, 2022
  • Published : May 31, 2023

Cho Jae Jin 1

1세명대학교

Accredited

ABSTRACT

After the non-return of the jeonse deposit, various accidents related to real estate transactions are being re-examined. Representatively, it is true that as a lessee in housing rental, there are relatively more contractual risks to bear than lessors until obtaining a full status. This is because the rental rights must be preserved during the contract period and the safe return of the deposit must be kept in mind. Even if you care about the safety of your rights as a lessee, there is a limit to determining economic aspects such as the current market where housing prices continue to decline. In particular, in real estate transactions (lease), as a special agreement between the parties to the contract, it is quite common to exclude problematic elements for the purpose of concluding the contract and validating the legal effect, and to describe the contents that can solve the lessee's anxiety factors. . Given the nature of real estate transactions involving huge amounts of funds, it is not difficult to find such special agreements. However, these special agreements involve the problem of fulfillment by the bond contract, regardless of how specifically they are drafted. As a special agreement for concluding a housing sale or charter contract, 'if the deposit guarantee insurance subscription is rejected, the contract is invalid, and the down payment, interim payment, and balance are returned immediately.' The deposit will be returned immediately.” In the event that a problem arises in the guarantee of the return of the lessee’s deposit money and in the financing to secure the deposit money, the contract is invalid and all the deposit, interim payment, and remaining balance paid to the other party can be safely returned. I'm writing this to make sure things are checked. However, this is the content of the special agreement, and the parties to the transaction should actively implement the special agreement in accordance with the special agreement if matters related to the special agreement occur according to the purpose of the special agreement, but in many cases this is not the case from a practical point of view. It is a problem that the lessor suffers one after another, such as delaying the return or losing contact because he has no cash to return immediately. From the lessee's point of view, the transaction was made believing in the special agreement that the down payment and the deposit money were immediately returned. that is not fulfilled. There are methods of return through lawsuits for the return of unjust enrichment and application for payment orders, but complex legal procedures, cost, and time are required before realistic returns are made. will be faced All of these are elements that make the lessee's position vulnerable, and it is urgently needed as a sure guarantee method, not at a level at which improvement in strengthening the lessee's position can be measured through an approach from the legal and institutional aspects. In this study, among cases related to real estate transaction accidents, the return of the down payment, the return of the remaining balance depending on whether or not the deposit was made, the adjustment of the registration period of the deposit guarantee system so that confirmation of the deposit of the deposit guarantee insurance can be made before the balance payment, and the sale of houses with tenants Based on the case analysis of the succession of the lessor by the new owner when the owner changes, and the review of the legal and institutional aspects, it is proposed to improve the law to prevent transaction accidents.

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