@article{ART001763219},
author={민선찬},
title={Tenants’Opposing Power and the Right or Preference of Repayment in the Continuous Action},
journal={Korea Real Estate Review},
issn={2092-5395},
year={2013},
volume={23},
number={1},
pages={7-23}
TY - JOUR
AU - 민선찬
TI - Tenants’Opposing Power and the Right or Preference of Repayment in the Continuous Action
JO - Korea Real Estate Review
PY - 2013
VL - 23
IS - 1
PB - korea real estate research institute
SP - 7
EP - 23
SN - 2092-5395
AB - According to the five clause of Article 3 in the housing lease protection law and the Article 8 in the Commercial Store Lease Protection Act, in case of auctioned rental houses and buildings, the right of lease of house or commercial store is lapsed but only the right of lease of house or commercial store having the opposing power and not full repayment is not lapsed. Precedents related to this admit coexistence of the opposing power and the right of preference of repayment and the Right of preference of repayment is lapsed when tenants having both exercise the right of preference of repayment at the first proceedings of official auction and don’t get full refund and only successful bidders can continue to exist the relationship of lease.
But the purpose to reinforce the protection of the tenants’ right of deposit withdrawal is retrogressed because these precedents consider that the right of lease having opposing power and not full repayment of deposit exists until the balance is paid.
Among the houses for auction in Seoul, Gyeonggy and Incheon, four out of ten tenants didn’t get full repayment of their deposit in 2012, Korea and this seems to constitute a serious social problem. These precedents are called for change of attitudes and considering to the character of social law and the purpose of legislation, the revision of the five clause of Article 3 in the housing lease protection law and the Article 8 in the Commercial Store Lease Protection Act is suggested so that the tenants having the opposing power and the right of preference of repayment can still exercise the right of preference of repayment at the second proceedings of official auction when they exercised the right of preference of repayment at the first proceedings of official auction but didn’t get full repayment of deposit. It is expected to protect tenants in poor social and economic position.
KW - tenant;the opposing power;the right of preference of repayment;lease;auction
DO -
UR -
ER -
민선찬. (2013). Tenants’Opposing Power and the Right or Preference of Repayment in the Continuous Action. Korea Real Estate Review, 23(1), 7-23.
민선찬. 2013, "Tenants’Opposing Power and the Right or Preference of Repayment in the Continuous Action", Korea Real Estate Review, vol.23, no.1 pp.7-23.
민선찬 "Tenants’Opposing Power and the Right or Preference of Repayment in the Continuous Action" Korea Real Estate Review 23.1 pp.7-23 (2013) : 7.
민선찬. Tenants’Opposing Power and the Right or Preference of Repayment in the Continuous Action. 2013; 23(1), 7-23.
민선찬. "Tenants’Opposing Power and the Right or Preference of Repayment in the Continuous Action" Korea Real Estate Review 23, no.1 (2013) : 7-23.
민선찬. Tenants’Opposing Power and the Right or Preference of Repayment in the Continuous Action. Korea Real Estate Review, 23(1), 7-23.
민선찬. Tenants’Opposing Power and the Right or Preference of Repayment in the Continuous Action. Korea Real Estate Review. 2013; 23(1) 7-23.
민선찬. Tenants’Opposing Power and the Right or Preference of Repayment in the Continuous Action. 2013; 23(1), 7-23.
민선찬. "Tenants’Opposing Power and the Right or Preference of Repayment in the Continuous Action" Korea Real Estate Review 23, no.1 (2013) : 7-23.
