@article{ART003145093},
author={Cho Jae Jin},
title={A study on the classification of victims of non-return of rental deposits - Focusing on victims under special laws and de facto victims -},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2024},
volume={12},
number={4},
pages={243-276}
TY - JOUR
AU - Cho Jae Jin
TI - A study on the classification of victims of non-return of rental deposits - Focusing on victims under special laws and de facto victims -
JO - Legal Theory & Practice Review
PY - 2024
VL - 12
IS - 4
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 243
EP - 276
SN - 2288-1840
AB - There were several problems with the non-return of the jeonse deposit, which left a strong social perception that if you sign a jeonse contract, you will not receive the entire deposit back. In practice, ‘lease’, which involves paying a large deposit in a lump sum and not paying separate monthly rent during the contract period, falls under the comprehensive concept of ‘lease’ for housing in terms of the Housing Lease Protection Act of the Special Civil Act. In practice, we distinguish between monthly rent and jeonse, but the rent payment method is different, but legally, they are all included in ‘housing lease.’ This kind of housing rental contract is sometimes thought of as an easy and light contract because it occurs frequently in our daily lives and there were no major problems based on our experience. However, a bond contract that leaves issues of implementation is a very sensitive contract that is difficult to deal with in a hurry whenever a problem arises unless one assumes that a dispute will always arise and prepares for it. It is also required to understand the relevant legal content, the structure of contracts and deposit returns, implementation issues, and auction, which is a compulsory disposition of real estate under the Civil Execution Act. This means that not only lease contracts but also all legal acts performed through agreement of doctors basically require the same legal knowledge and ability to act.
However, according to the data on the registration details of guarantee insurance accidents and the amount of subrogation claims that have occurred since 2017, even in the small number of cases outside the specific age group or age range where housing problems must be resolved through renting, the landlord is not responsible for the contract due to lack of experience at the time of contract expiration. It appears that the tenant does not clearly understand the legal obligations that must be taken if the deposit is not returned. In addition, it seems that there is a lack of understanding of the certificate of registration, the contents of the rights established for real estate, distinguishing superiority and inferiority in ranking, and accurately understanding their meaning. There is a lack of understanding of rights in real estate law knowledge and study before signing a contract, but there is also a problem in finding a solution after the deposit is not returned. If you do not get your deposit back right away, it is considered a ‘lease fraud.’ There are also cases where tenants mistakenly believe that they have been scammed by renting if they do not receive their deposit back. Only the fact that the deposit is not returned is the same, but the scope of legal action between jeonse fraud and non-return of the jeonse deposit is also different. It is necessary to distinguish what is a jeonse fraud, what cases are considered jeonse fraud, what are the cases that do not fall under jeonse fraud but the deposit is not returned, the status of the lessee in that case, and whether there are follow-up measures for returning the deposit.
Therefore, this study has the common point of not receiving a refund of the deposit in a rental contract for housing, but felt the need to find a solution and follow-up measures depending on whether special laws are applied or not, are completely different, and divided into five cases where the deposit is not refunded. Separately by distinguishing between 'victims under special laws' and 'actual victims' and comparatively analyzing the current status and follow-up measures for each, the need for education hosted by the Ministry of Land, Infrastructure and Transport to understand lease contracts is presented, and a method of immediately solving problems with special laws whenever necessary is provided. Rather, we felt the need to prepare a method for prevention, and aimed to raise the public's level of legal knowledge of rental contracts to a certain level by understanding the entry barriers and legal relationships of rental contracts, indicating the current status of leases on the register and rights on the register. Presents a method for adding a summary of entity relationships.
KW - Tenant;deposit;real estate auction;Special Act on Support for Victims of Lease Fraud and Housing Stability;Housing Lease Protection Act.
DO -
UR -
ER -
Cho Jae Jin. (2024). A study on the classification of victims of non-return of rental deposits - Focusing on victims under special laws and de facto victims -. Legal Theory & Practice Review, 12(4), 243-276.
Cho Jae Jin. 2024, "A study on the classification of victims of non-return of rental deposits - Focusing on victims under special laws and de facto victims -", Legal Theory & Practice Review, vol.12, no.4 pp.243-276.
Cho Jae Jin "A study on the classification of victims of non-return of rental deposits - Focusing on victims under special laws and de facto victims -" Legal Theory & Practice Review 12.4 pp.243-276 (2024) : 243.
Cho Jae Jin. A study on the classification of victims of non-return of rental deposits - Focusing on victims under special laws and de facto victims -. 2024; 12(4), 243-276.
Cho Jae Jin. "A study on the classification of victims of non-return of rental deposits - Focusing on victims under special laws and de facto victims -" Legal Theory & Practice Review 12, no.4 (2024) : 243-276.
Cho Jae Jin. A study on the classification of victims of non-return of rental deposits - Focusing on victims under special laws and de facto victims -. Legal Theory & Practice Review, 12(4), 243-276.
Cho Jae Jin. A study on the classification of victims of non-return of rental deposits - Focusing on victims under special laws and de facto victims -. Legal Theory & Practice Review. 2024; 12(4) 243-276.
Cho Jae Jin. A study on the classification of victims of non-return of rental deposits - Focusing on victims under special laws and de facto victims -. 2024; 12(4), 243-276.
Cho Jae Jin. "A study on the classification of victims of non-return of rental deposits - Focusing on victims under special laws and de facto victims -" Legal Theory & Practice Review 12, no.4 (2024) : 243-276.