우리나라 주택임대차법제는 외국의 관행 또는 입법례에서 거의 찾아볼 수 없는 특유한 법률로 생성발전되어 왔다. 본 논문에서는 우리나라의 주택임대차보호법의 주요 내용들을 면밀히 분석한 후 외국의 임대차법제들을 비교검토함으로써, 현행 임대차보호법상 아직도 논의되고 있는 문제점과 그 해결방안을 도출하자 노력하였으며, 그 내용을 간략히 요약하면 다음과 같다.첫째, 우리의 주택임대차보호법도 일본의 차지차가법의 규정을 도입하여 “주거용 건물의 임대차는 그 등기가 없이도 건물의 인도가 있을 때는 이후 그 건물에 대한 물권을 취득한 자에 대하여 효력이 생긴다.”고 규정함으로써 민법상 등기와 관련된 임대차의 문제를 보완하는 것이 바람직할 것이다.둘째, 주택임차권의 존속기간 보장과 차임 규제는 임차인보호와 밀접한 관계에 있으므로 편면적 강행규정성이 강조되어야 한다.셋째, 임대차보증금의 공시가 요구된다. 즉 임대차보증금이 공시됨으로써 부동산 물권변동에 있어서 제3자와의 분쟁해소에 기여하게 된다.넷째, 임대차보증금 반환보장보험제도의 도입이 요구된다. 즉 임차인의 거주이동권을 보장하기 위하여 임대차보증금 반환보장보험제도의 도입이 필요하다.

A Study on Comparative Law for Preserve Leaseholder The nation’s house lease system has been generated and evolved into a peculiar law that can not be found in the example of foreign practices or legislations. After closely analyzing the features of the nation’s house lease protection act, this thesis was aimed to draw out problems and solutions which are still under debate by conducting a comparative study on them and foreign nations’ lease laws and systems. The following are the summary of the contents: Firstly, it is desirable that the nation’s housing lease protection act should be supplemented by introducing Japan’s land and housing lease that provides that “the lease of a residential building shall take effect by a person who has obtained the real rights to the building even in the absence of registration in case of the delivery of the building”, thus complementing the issue of lease related to registration pursuant to the civil law. Secondly, since the guarantee of the duration of housing lease rights and the regulation of rents are closely related to the protection of lessees, the nature of a unilateral mandatory provision should be stressed. Thirdly, the public notice of lease deposits is required. That is that the public notice of lease deposit will contribute to the elimination of disputes over the change in real rights to properties with a third party. Fourthly, the introduction of the insurance system guaranteeing the return of lease deposits is required. That is that the introduction of this system is necessary to guarantee the right of residential mobility of lessees.

A Study on Comparative Law for Preserve Leaseholder The nation’s house lease system has been generated and evolved into a peculiar law that can not be found in the example of foreign practices or legislations. After closely analyzing the features of the nation’s house lease protection act, this thesis was aimed to draw out problems and solutions which are still under debate by conducting a comparative study on them and foreign nations’ lease laws and systems. The following are the summary of the contents: Firstly, it is desirable that the nation’s housing lease protection act should be supplemented by introducing Japan’s land and housing lease that provides that “the lease of a residential building shall take effect by a person who has obtained the real rights to the building even in the absence of registration in case of the delivery of the building”, thus complementing the issue of lease related to registration pursuant to the civil law. Secondly, since the guarantee of the duration of housing lease rights and the regulation of rents are closely related to the protection of lessees, the nature of a unilateral mandatory provision should be stressed. Thirdly, the public notice of lease deposits is required. That is that the public notice of lease deposit will contribute to the elimination of disputes over the change in real rights to properties with a third party. Fourthly, the introduction of the insurance system guaranteeing the return of lease deposits is required. That is that the introduction of this system is necessary to guarantee the right of residential mobility of lessees.

housing lease, house lease protection act, residential building, insurance system guaranteeing the return of lease deposits.