住宅賃借人의 對抗力

• 영문명: The opposing power of the housing leaseholder
• 발행기관: 한국부동산법학회
• 저자명: 조성민(Cho Sung-Min)
• 간행물 정보: 『부동산법학』부동산법학 제8권, 268~300쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.09.01

영문 초록

The opposing power of the housing lease is said that the leaseholder insist on the right of lease to the new owner if the owner of the hire house changes the other person. The Civil-Law §621 ② describes "If the leasehold of real estate is resistered, it has effect on the third person when the leashold is resistered" But in generally the leassors don't want to let resistration to the leaseholder. So the 'Housing Lease Protect Law' was enacted in 1981. The 'Housing Lease Protect Law' § 3 ① prescribes "If the leaseholder finishes the delivery of the leasehouse and resident resistration, he has effect on the third person from the next day without the restration. On this occation, it can be judged the resident resistration when the leaseholder did the moving -in notification" And the 'Housing Lease Protect Law' § 3-2 ② prescribes if the leaseholder holds the opposite condition and the fixed date on the lease contract document, he has the right of priority to receive the deposit among the conversion into money than the junior bond rightful person and the other creditor. In this paper, I researched the device of settlemenet about the questions to take place in the housing lease.

목차

Ⅰ. 序 論

Ⅱ. 對抗力取得의 要件

Ⅲ. 賃借住宅 讓受人과의 關係

Ⅳ. 제3자와의 관계

Ⅴ. 結 論

Summary