개정주택임대차보호법과 전세안정화 정책 (Revised Housing Lease Protection Act and the Policy for the Stable Lease Deposit)

서지정보

· 발행기관 : 단국대학교 법학연구소
· 수록지 정보 : 법학논총 / 37권 / 4호 / 145 ~ 174페이지
· 저자명 : 최성경

초록

There can be no law regarding the stability of low socioeconomics other than the Housing Lease Protection Act that attracts interests of people. So comes many revisions with efforts to stabilize them. The lease deposit of the metropolitan area soared high for 61 consecutive weeks, though. The Housing Lease Protection Act revised on 13th of Aug. 2013 was the results of the efforts to stabilize as well. Especially this could be the extrapolation of the reform of the acts for the low socioeconomics by the Department of Justice. Although this revision was legislated by Assembly, it was based on Hearings in 2007 held by the government. Despite all these efforts, it is yet to be determined whether this might work. Aside from legal rightness, the key point of its success depends on practicality. The core countermeasure against rising lease deposit of this revision was the privileged satisfaction for a lease deposit claim of the banks which took over it from the lessee. Regarding this, there are two measures to accomplish this. The one is secured loan by the lessor, and the other is the transfer of the claim to return loan deposit. This study deals with the second one. This provides privileged satisfaction for a lease deposit claim of the banks so that the loan to the lessee could be a secured loan thus the interests could be lowered. This system could be applied under two circumstances; the moments of the conclusion of contract or the increase of the deposit and the termination of it. Before the revision, the loan was basically a credit loan, but when the banks took the claim it could be a secured loan thus lowering the interests and increasing the limit of the loan. It seems it is flawless legally though this supports the high deposits by strengthening the demand resulting in the soar of the deposit. The drawback of the revision is it depends on the loan to provide the high deposit and to secure the return of it. It could be a short-sighted policy. The results of this revision are yet to see because it was made recently and there is little use of it currently.

영어초록

There can be no law regarding the stability of low socioeconomics other than the Housing Lease Protection Act that attracts interests of people. So comes many revisions with efforts to stabilize them. The lease deposit of the metropolitan area soared high for 61 consecutive weeks, though. The Housing Lease Protection Act revised on 13th of Aug. 2013 was the results of the efforts to stabilize as well. Especially this could be the extrapolation of the reform of the acts for the low socioeconomics by the Department of Justice. Although this revision was legislated by Assembly, it was based on Hearings in 2007 held by the government. Despite all these efforts, it is yet to be determined whether this might work. Aside from legal rightness, the key point of its success depends on practicality. The core countermeasure against rising lease deposit of this revision was the privileged satisfaction for a lease deposit claim of the banks which took over it from the lessee. Regarding this, there are two measures to accomplish this. The one is secured loan by the lessor, and the other is the transfer of the claim to return loan deposit. This study deals with the second one. This provides privileged satisfaction for a lease deposit claim of the banks so that the loan to the lessee could be a secured loan thus the interests could be lowered. This system could be applied under two circumstances; the moments of the conclusion of contract or the increase of the deposit and the termination of it. Before the revision, the loan was basically a credit loan, but when the banks took the claim it could be a secured loan thus lowering the interests and increasing the limit of the loan. It seems it is flawless legally though this supports the high deposits by strengthening the demand resulting in the soar of the deposit. The drawback of the revision is it depends on the loan to provide the high deposit and to secure the return of it. It could be a short-sighted policy. The results of this revision are yet to see because it was made recently and there is little use of it currently.

참고자료

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